Craig v. Norris
ORDER denying Motion for Certificate of Appealability. Signed by Magistrate Judge Beth Deere on 6/24/10. (dac)
IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION J O H N N Y LEE CRAIG A D C # 091725 v. CASE NO.: 5:09CV00348 BD PETITIONER
R A Y HOBBS, Interim Director, A r k a n s a s Department of Correction ORDER
O n April 27, 2010, this Court denied Petitioner's application for a writ of habeas c o rp u s under 28 U.S.C. § 2254. Now pending is Petitioner's motion for certificate of a p p e a la b ility ("COA") (docket entry #13).1 For the following reasons, this motion is D E N IE D . T itle 28 U.S.C. § 2253 limits the right of appeal in habeas corpus proceedings w h e n the petitioner's detention arises out of process issued by a State court. 28 U.S.C. § 2253(c)(1)(A); Slack v. McDaniel, 529 U.S. 473, 482, 120 S.Ct. 1595, 1603 (2000). The Court may issue a COA only if a petitioner has made a "substantial showing of the d e n ia l of a constitutional right." 28 U.S.C. § 2253(c)(2). When a court denies a habeas p e titio n on procedural grounds, as here, the petitioner must also show "that jurists of re a s o n would find it debatable whether the district court was correct in its procedural ru lin g ." Jimenez v. Quarterman, 129 S.Ct. 681, 684 (2009) (quoting Slack, 529 U.S. at
The motion for certificate of appealability is part of Petitioner's notice of appeal
(# 1 3 ).
484). The Court of Appeals for the Eighth Circuit has held the standard for issuance of a C O A to be a "modest standard." Randolph v. Kemna, 276 F.3d 401, 403 n. 1 (8th Cir. 2 0 0 2 ) (quoting Charles v. Hickman, 228 F.3d 981, 982 n. 1 (9th Cir. 2000)). In this case, Petitioner has not made even a modest showing that he was deprived o f a constitutional right. This Court did not reach the merits of the petition because P e titio n e r failed to timely file his petition. Petitioner did not provide any justification for h is failure to timely file. In addition, Petitioner has not stated why he disagrees with the C o u rt's limitations finding or how the Court should have calculated his one-year lim ita tio n s period. Because Petitioner has failed to present a basis for the Court to issue a c e rtif ic a te of appealability, his motion for certificate of appealability (#13) is denied. IT IS SO ORDERED, this 24th day of June, 2010.
___________________________________ U N IT E D STATES MAGISTRATE 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?