Isaac v. Brown et al
ORDER denying 82 Motion for Certificate of Appealability. Ordered by US DISTRICT JUDGE C ASHLEY ROYAL on 4/5/17 (lap)
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
ABDUL RASHID ISAAC,
Warden DENNIS BROWN,
No. 5:10‐CV‐252 (CAR)
ORDER ON MOTION FOR CERTIFICATE OF APPEALABILITY
On February 2, 2017, the Court adopted the United States Magistrate Judge’s
Recommendation denying Petitioner Abdul Rashid Isaac’s 28 U.S.C. § 2254 habeas
petition.1 In the Order, this Court denied Petitioner a Certificate of Appealability
(“COA”) because he failed to make a substantial showing of the denial of a
constitutional right. Petitioner now moves the Court again for a COA.
The Court may issue a COA ”only if the applicant has made a substantial
showing of the denial of a constitutional right.”2 To merit a COA, Petitioner must show
that reasonable jurists would find debatable both (1) the merits of the underlying claim
and (2) the procedural issues he seeks to raise.3 Petitioner still fails to make this
showing. As previously held, Petitioner has not made a substantial showing of the
The petition was on remand from the Eleventh Circuit Court of Appeals. See [Doc. 75].
28 U.S.C. § 2253(c)(2).
3 See Slack v. McDaniel, 529 U.S. 473, 483‐84 (2000) (explaining how to satisfy this showing) (citations
denial of a constitutional right. Therefore, Petitioner’s Motion for COA [Doc. 82] is
SO ORDERED, this 5th day of April, 2017.
S/ C. Ashley Royal
C. ASHLEY ROYAL, SENIOR JUDGE
UNITED STATES DISTRICT COURT
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