Houston v. United States of America

Filing 18

ORDER denying Petitioner's construed request for Certificate of Appealabilty re 12 Notice of Appeal filed by Morgan Houston, Dismissing as Moot re 17 MOTION for Leave to Appeal in forma pauperis filed by Morgan Houston. Signed by Judge William T. Moore, Jr on 5/6/2013. (loh)

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U S.D i STRFC . I
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IN T H E UNITED STATES DISTRICT COURT FOR
THE SOUTHERN DISTRICT OF GEORGIA
SAVANNAH DIVISION

HI M A Y

12

S

MORGAN HOUSTON,
Petitioner,
CASE NO. CV412-194

V.

UNITED STATES OF AMERICA,
Respondent.

ORDER

Before the Court is Petitioner's Notice of Appeal,
which the Eleventh Circuit has construed as a request for
Certificate of Appealability (Doc. 12) and Petitioner's
Motion for Leave to Appeal In Forma Pauperis (Doc. 17).
Pursuant to 28 U.S.C. § 2253(c), an appeal may not be taken
in this matter unless the court issues a Certificate of
Appealability. This certificate may issue only if
Petitioner has made a substantial showing of the denial of
a constitutional right. Slack v. McDaniel, 529 U.S. 473,
484 (2000)
The Court has carefully considered Petitioner's claims
and finds that he cannot meet the above standard.
Accordingly, Petitioner's construed request for Certificate
of Appealability is DENIED. As a result, Petitioner's

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Motion for Leave to Appeal In Forma Pauperis (Doe. 17) is
DISMISSED AS MOOT.

SO ORDERED this

676Z

day of May 2013.

WILLIAM T. MOORE,R.
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA

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