Doss v. Hobbs

Filing 12

ORDER denying 10 Motion for Certificate of Appealability; denying 11 Motion for Leave to Appeal in forma pauperis. Signed by Judge Kristine G. Baker on 7/24/13. (kpr)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
JOY D. DOSS
ADC#707334
v.

PLAINTIFF
Case No. 5:12-cv-407 KGB

RAY HOBBS Director,
Arkansas Department of Corrections, et al.

DEFENDANTS

ORDER
Before the Court is petitioner Joy D. Doss’s motion for certificate of appealability for
proceedings under 28 U.S.C. § 2254 (Dkt. No. 10) and her motion for leave to appeal in forma
pauperis (Dkt. No. 11). On May 30, 2013, the Court entered an Order (Dkt. No. 8) and
Judgment (Dkt. No. 9) adopting United States Magistrate Beth Deere’s Recommended
Disposition in its entirety (Dkt. No. 4). The Court finds that Ms. Doss has not made a substantial
showing of the denial of a constitutional right pursuant to 28 U.S.C. § 2253(c)(1)-(2).
Accordingly, Ms. Doss’s motion for certificate of appealability is hereby denied (Dkt. No. 10).
Furthermore, an appeal may not be taken in forma pauperis if the trial court certifies in
writing that it is not taken in good faith. 28 U.S.C. § 1915. The Court certified that an in forma
pauperis appeal of this dismissal would be frivolous and not taken in good faith (Dkt. No. 8).
Accordingly, Ms. Doss’s motion to proceed in forma pauperis is hereby denied (Dkt. No. 11)
SO ORDERED this the 24th day of July, 2013.

________________________________
KRISTINE G. BAKER
UNITED STATES DISTRICT JUDGE