ISAACS v. UNITED STATES MARSHALS SERVICE

Filing 12

ORDER denying 11 Motion for Leave to Appeal in forma pauperis; denying Petitioner a certificate of appealability. Ordered by U.S. District Judge Hugh Lawson on 12/17/2013. (nbp)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
VALDOSTA DIVISION

MICHAEL ISAACS,

:
:
Petitioner
:
:
vs.
:
:
UNITED STATES MARSHALS,
:
:
Respondent
:
____________________________________

CIVIL NO. 7:13-CV-0127-HL-TQL

ORDER
Petitioner Michael Isaacs, a federal detainee, seeks to appeal this Court’s Order dismissing
his application for habeas relief under 28 U.S.C. § 2241 and has filed a Motion for Leave to
Proceed in forma pauperis on Appeal (Doc. 11).

A prisoner seeking a writ of habeas corpus

has no absolute entitlement to appeal a district court’s dismissal of his petition. 28 U.S.C. §
2253(c)(1).

The district court must first issue the petitioner a certificate of appealability

(“COA”). See id.; see also Sawyer v. Holder, 326 F.3d 1363, 1364 n. 3 (11th Cir. 2003) (“Based
on the statutory language of 28 U.S.C. § 2253(c)(1), state prisoners proceeding under § 2241
must obtain a COA to appeal.”).
“A [COA] may issue . . . only if the applicant has made a substantial showing of the
denial of a constitutional right.” 28 U.S.C. § 2253(c)(1). 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. 28 U.S.C. § 2253(c)(2); Slack v. McDaniel, 529 U.S.
473, 483-84 (2000) (explaining how to satisfy this showing) (citation omitted). Petitioner has
not made such a showing here.

The Court thus DENIES Petitioner a COA. See Alexander v.

Johnson, 211 F.3d 895, 898 (5th Cir. 2000) (approving denial of COA before movant filed a notice
of appeal). For this reason, his Motion to Appeal in forma pauperis is moot and shall also be
DENIED.
SO ORDERED, this 17th day of December, 2013.
s/ Hugh Lawson
HUGH LAWSON, JUDGE
UNITED STATES DISTRICT COURT
jlr

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