Futch v. United States of America

Filing 31

ORDER denying 29 Motion for Leave to Appeal in forma pauperis; denying 26 Motion for Certificate of Appealability. Signed by Judge William T. Moore, Jr on 6/22/16. (wwp)

IN THE UNITED STATES DISTRICT COURT FO kj
THE SOUTHERN DISTRICT OF GEORGIA ,-, if
SAVANNAH DIVISION

'

Tr

JOHN RANDALL FUTCH,

$M 10: 56

_........_..

IN
Petitioner,
CASE NOS. CV414-076
CR4 02-285

V.

UNITED STATES OF AMERICA,
Defendant.

ORDER
Before the Court is Petitioner's Motion for Certificate of
Appealability ('COA") (Don. 26) and Motion for Leave to Appeal In
Forma Pauperis (Don. 29). Pursuant to 28 U.S.C. § 2253(c), an
appeal may not be taken in this matter unless the court first
issues a COA. 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 case and finds that he cannot
meet the above standard. As a result, any request by Petitioner
for leave to appeal in forma pauperis would be moot. Accordingly,
Petitioner's Motion for Certificate of Appealability (Don. 26) is
DENIED and Motion for Leave to Appeal In Forma Pauperis (Doc. 29)
is DISMISSED AS MOOT.
SO ORDERED this u—day of June 2016.

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