Bofinger v. Nelson

Filing 63

ORDER denying 57 Motion for Certificate of Appealability; finding as moot 61 Motion for Leave to Proceed in forma pauperis. Ordered by Judge Hugh Lawson on 4/1/2009. (nbp)

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA MACON DIVISION JAMES G. BOFINGER, : : Petitioner : : VS. : : Warden CYNTHIA NELSON, et al., : : Respondents : _____________________________________

NO. 5:06-cv-108 (HL) ORDER

Before the Court is petitioner JAMES G. BOFINGER'S motion for a Certificate of Appealability ("COA"). Petitioner seeks to appeal the judgment of this Court denying his application for habeas relief under 28 U.S.C. § 2254. Under section 2253(c)(2), a COA may issue only if the applicant makes " a substantial showing of the denial of a constitutional right." This requires a petitioner to demonstrate that "reasonable jurists would find the district court's assessment of the constitutional claims debatable or wrong." See also Slack v. McDaniel, 529 U.S. 473, 478 (2000). The Court finds reasonable jurists could not find that a dismissal of petitioner's claims was debatable or wrong. Accordingly, it is hereby ORDERED that petitioner's application for a COA be DENIED. It is further ORDERED that petitioner's motion to proceed IFP on appeal be DENIED AS MOOT. SO ORDERED, this 1st day of April, 2009.

s/ Hugh Lawson HUGH LAWSON UNITED STATES DISTRICT JUDGE cr