Clem v. Hobbs

Filing 19

ORDER denying 18 Motion for Certificate of Appealability. Signed by Judge D. P. Marshall Jr. on 7/19/12. (kpr)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
JOE EDWIN CLEM
ADC# 120839

v.

PETITIONER
No. 5:11-cv-235-DPM

RAY HOBBS, Director, Arkansas
Department of Correction

RESPONDENT

ORDER
Clem's motion for certificate of appealability, Document No. 18, is
denied. 28 U.S.C. § 2253(c). Because the Court denied Clem's petition on
procedural grounds, Clem must show "that jurists of reason would find it
debatable whether the petition states a valid claim of the denial of a
constitutional right and that jurists of reason would find it debatable whether
the district court was correct in its procedural ruling." Slack v. McDaniel, 529
U.S. 473,484 (2000) (emphasis added). Clem has addressed only the latter
elementinhismotion. DocumentNo.18,at3-4. Themotion,DocumentNo.18,
is therefore denied. Slack, 529 U.S. at 485 (requiring that both showings be
made before the Court of Appeals may entertain the appeal). Moreover, the
Court sees no debatable issue about the standard of review applied here.

So Ordered.

D.P. Marshall Jr.
United States District Judge

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