BONNER v. PHILBIN
ORDER denying as moot 23 Motion for Leave to Appeal in forma pauperis. Ordered by US DISTRICT JUDGE C ASHLEY ROYAL on 10/12/2017 (lap)
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
WARDEN EDWARD PHILBIN, JR., :
Petitioner Anthony Bonner has filed a Motion for Certificate of Appealability
(“COA”) and a Motion for Leave to Appeal in forma pauperis. Mot. for Certificate of
Appealability, ECF No. 22; Mot. for Leave to Appeal In Forma Pauperis, ECF No. 23.
In the June 21, 2017, Recommendation to this Court, the United States Magistrate
Judge found that Petitioner had not made a substantial showing of the denial of a
constitutional right and recommended that this Court deny a certificate of appealability in
its final order. R. & R. 8, ECF No. 17. This Recommendation was subsequently adopted
and made the Order of the Court. See Order, Sept. 8, 2017, ECF No. 19. Petitioner has
thus already been DENIED a COA. See id.
In his motion for a COA, Petitioner asserts that the Court indicated that a later
application for a COA would be reviewed de novo. Mot. for Certificate of Appealability
4, ECF No. 22. The Magistrate Judge’s Report and Recommendation indicated that
Petitioner’s objections would be reviewed de novo. R. & R., June 21, 2017, ECF No. 17.
Thereafter, this Court reviewed Petitioner’s objections de novo before adopting the
recommendation that a COA be denied. Order Adopting R. & R., ECF No. 12. Thus,
Petitioner has already received a de novo review of his request for a COA.
Additionally, to the extent that Petitioner seeks reconsideration of the denial of a
COA, he has not set forth any basis for reconsideration in this regard. See McCoy v.
Macon Water Auth., 966 F. Supp. 1209, 122-23 (M.D. Ga. 1997) (explaining that
reconsideration is only proper based on an intervening change in the law, the discovery of
previously unavailable evidence, or clear error). Thus, any request for reconsideration is
Finally, as Petitioner has been denied a COA, Petitioner’s motion to proceed in
forma pauperis on appeal is therefore also DENIED as MOOT.
SO ORDERED, this 12th day of October, 2017.
S/ C. Ashley Royal
C. ASHLEY ROYAL, SENIOR JUDGE
UNITED STATES DISTRICT COURT
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?