Jones v. Tatum

Filing 28

ORDER denying any request for COA and dismissing as moot Petitioners' in forma pauperis status on appeal for the 24 Notice of Appeal filed by Robert Lee Jones. Signed by Judge William T. Moore, Jr on 4/20/16. (wwp)

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IN THE UNITED STATES DISTRICT COURT FOR
THE SOUTHERN DISTRICT OF GEORGA.16 APR 2O PM 3:57
SAVANNAH DIVISION
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ROBERT LEE JONES,

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Petitioner,
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CASE NO. CV415-065

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CLAY TATUM, Warden,
Respondent.

ORDER
This case was returned to this Court on a limited
remand from the Eleventh Circuit Court of Appeals to
determine whether a Certificate of Appealability ('COA") is
appropriate for any of the issues appellant seeks to raise
on appeal. (Doc. 27 at 1.) While this Court has already
determined that Petitioner is not entitled to a COA,' it
will once again confirm that earlier ruling in an attempt
to satisfy the Court of Appeals's directive. In this case,
any request for a COA is DENIED because Petitioner has not
"made a substantial showing of the denial of a
constitutional right." 28 U.S.C. § 2253(c). Should the

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appears that the Eleventh Circuit is under the
misapprehension that when adopting the Magistrate Judge's
Report and Recommendation, this Court 'made no ruling with
respect to a COA." (Doc. 27 at I.) However, this Court
adopted the totality of the report and recommendation (Doc.
22 at 1), which included the recommendation that no COA
should issue (Doc. 15 at 7-8)

Court of Appeals have any doubt, any request by Petitioner
for in forma pauperis status on appeal is DISMISSED AS MOOT
based on this Court's denial of a COA.
SO ORDERED this 2day of April 2016.

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