DENSON v. HATCHER

Filing 41

ORDER denying 40 Motion for Leave to Appeal in forma pauperis. Ordered by U.S. District Judge HUGH LAWSON on 7/17/2014. (nbp)

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA VALDOSTA DIVISION RANDY DENSON, : : Petitioner, : : VS. : : WARDEN HATCHER, : : Respondent. : ____________________________________ CASE NO.: 7:13-CV-109 (HL) ORDER Pro se Petitioner Randy Denson has filed a Notice of Appeal and a Motion for Leave to Proceed In Forma Pauperis on appeal. (Docs. 37, 40). The record in this case reveals that on June 3, 2014, this Court ordered Petitioner’s case dismissed and further ordered that a Certificate of Appealability (“COA”) be denied in this 28 U.S.C. § 2254 action. (Doc. 35). Judgment was entered on the same day. (Doc. 36.) Because Petitioner is not entitled to a COA, he is not entitled to appeal in forma pauperis. Accordingly, Petitioner’s motion to proceed in forma pauperis on appeal is hereby DENIED. SO ORDERED, this 17th day of July, 2014. s/ Hugh Lawson________________ HUGH LAWSON, SENIOR JUDGE lws

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