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)

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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

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