Gooch v. Kelley

Filing 12

ORDER denying 11 Motion for Certificate of Appealability. This Court cannot exercise jurisdiction over Gooch' s successive petition without first getting authority to do so from the United States Court of Appeals for the Eighth Circuit. The Court therefore declines to review the merits of Gooch' s petition to decide whether he has made a substantial showing about the violation of a constitutional right. Signed by Judge D. P. Marshall Jr. on 6/8/2015. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
SHERWOOD V. GOOCH
ADC #68817
v.

PETITIONER
No. 5:15-cv-56-DPM

WENDY KELLEY, Director, ADC

RESPONDENT

ORDER
Gooch's motion for a certificate of appealability, NQ 11, is denied. This
Court cannot exercise jurisdiction over Gooch' s successive petition without
first getting authority to do so from the United States Court of Appeals for the
Eighth Circuit. 28 U.S.C. § 2244(b)(3)(A); Burton v. Stewart, 549 U.S. 147,
152-53, 157 (2007). The Court therefore declines to review the merits of
Gooch' s petition to decide whether he has made a substantial showing about
the violation of a constitutional right. 28 U.S.C. § 2253(c)(2).
So Ordered.
I/

D.P. Marshall Jr.
United States District Judge