SUTTON v. MCDONOUGH

Filing 50

ORDER: 48 Motion for Leave to Appeal in forma pauperis is DENIED. 49 Motion for Certificate of Appealability is DENIED. Signed by CHIEF JUDGE M CASEY RODGERS on 4/2/2012. (jws) (Forwarded to USCA, Appeal#11-15615-I via email.)

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IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
GAINESVILLE DIVISION

MICKEY K. SUTTON,
Petitioner,
v.

CASE NO. 1:07cv64-MP-GRJ

JAMES MCDONOUGH,
Respondent.
/
ORDER
This matter is before the court on petitioner's motion to proceed on appeal in forma
pauperis (doc. 48) and motion for certificate of appealability (doc. 49). For the reasons
stated in the Report and Recommendation (doc. 32) and the adopting Order (doc. 39), the
court finds that petitioner fails to make a substantial showing of the denial of a
constitutional right and the issues are not adequate enough to deserve encouragement to
proceed further. Additionally, under Fed. R. App. P. 24, the court certifies that the appeal
is not taken in good faith.
Accordingly, it is now ORDERED as follows:
1. Petitioner’s motion to proceed in forma pauperis (doc. 48) is DENIED.
2. Petitioner’s motion for certificate of appealability (doc. 49) is DENIED.
DONE and ORDERED this 2nd day of April, 2012.

s/

M. Casey Rodgers

M. CASEY RODGERS
CHIEF UNITED STATES DISTRICT JUDGE