Williams v. United States of America

Filing 17

ORDER denying 11 Motion for Certificate of Appealability; denying 11 Motion for Leave to Appeal in forma pauperis; dismissing as moot 14 Motion to transmit PSI and PSR Records on Appeal. Signed by Judge William T. Moore, Jr on 8/21/2013. (loh)

FILED
U.S. DSTRICT `:GUT
IN THE UNITED STATES DISTRICT COURT FOR
THE SOUTHERN DISTRICT OF GEORGIAN 3 H O 2 1
G
WAYCROSS DIVISION

FRANKLIN L. WILLIAMS,

)

CLE

Petitioner,
CASE NOS. CV513-027
CRSO6-0l4
UNITED STATES OF AMERICA,
Respondent.

ORDER

Before the Court are Petitioner Franklin L. Williams's
Notice of Appeal, which this Court construes as a request
for a Certificate of Appealability ("COA") and permission
to proceed in forma pauperis on appeal (Doc. 11), and
Motion to Transmit PSI and PSP. Records on Appeal (Doc. 14)
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 Petitioners 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. As a result, Petitioner's construed motion
(Doc. 11) must be DENIED.

?

In addition, the entire record in this case will be
sent to the Eleventh Circuit as part of Petitioner's
appeal. Therefore, Petitioner's Motion to Transmit PSI and
PSR Records on Appeal (Doc. 14)
SO ORDERED this

is DISMISSED AS MOOT.

d/day of August 2013.

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

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