Lyons v. Norris et al
ORDER denying 27 Motion for Certificate of Appealability. Signed by Judge Susan Webber Wright on 4/28/10. (dac)
IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION VICTOR LYONS, Petitioner, vs. LARRY NORRIS, Director, Arkansas Department of Correction, Respondent. * * * * * * * * * * * * * ORDER Petitioner filed a Notice of Appeal and a request for a certificate of appealability. Pursuant to Fed.R.App.P. 22(b)(1), the Court declines to issue a certificate of appealability. A petitioner has no automatic right to appeal a district court's denial or dismissal of his petition pursuant to 28 U.S.C. § 2254. See 28 U.S.C. § 2253(c)(1)(A). "If an applicant files a notice of appeal, the district judge who rendered the judgment must either issue a certificate of appealability or state why a certificate should not issue." Fed.R.App.P. 22(b)(1). A certificate of appealability may issue only if the applicant has made a substantial showing of the denial of a constitutional right. 28 U.S.C. § 2253(c)(2). "A petitioner satisfies this standard by demonstrating that jurists of reason could disagree with the district court's resolution of his constitutional claims or that jurists could conclude the issues presented are adequate to deserve encouragement to proceed further." Miller-El v. Cockrell, 537 U.S. 322, 327 (2003).
No. 5:09CV00316- SWW
The Court finds petitioner has failed to make such a showing. Accordingly, the Court declines to issue a certificate of appealability. DATED this 28tth day of April, 2010. /s/Susan Webber Wright UNITED STATES DISTRICT JUDGE
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?