Pickens v. Kelley

Filing 51

ORDER denying motion for certificate of appealability. The 46 motion to appeal in forma pauperis is denied. This case was closed over 7 years ago. Signed by Judge Billy Roy Wilson on 5/15/2023. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
MICHAEL G. PICKENS
v.

PLAINTIFF
5:15-CV-00030-BRW

WENDY KELLY

DEFENDANT
ORDER

Pending is Defendant’s Motion for Certificate of Appealability.
The standard for evaluating a certificate of appealability petition is set out in 28 U.S.C. §
2253(c)(2): “A certificate of appealability may issue . . . only if the applicant has made a
substantial showing of the denial of a constitutional right.” The Eighth Circuit has explained
that “[a] substantial showing is a showing that issues are debatable among reasonable jurists, a
court could resolve the issues differently, or the issues deserve further proceedings.”1
Since Defendant has not made a substantial showing of the denial of any constitutional
right, the Motion for Certificate of Appealability is DENIED.
The motion to appeal in forma pauperis (Doc. No. 46) is DENIED. This case was closed
over seven years ago.
IT IS SO ORDERED this 15th day of May, 2023.

Billy Roy Wilson
UNITED STATES DISTRICT JUDGE

1

Cox v. Norris, 133 F.3d 565, 569 (8th Cir. 1997).