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)

Download PDF
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. ยง 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 r -2-

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?