Willis v. Smith

Filing 53

Certificate of Appealability Denied re 46 Notice of Appeal. Signed by Chief Judge J. Randal Hall on 07/31/2017. (pts)

IN THE UNITED STATES DISTRICT COURT FOR THE
SOUTHERN DISTRICT OF GEORGIA
STATESBORO DIVISION

MELVIN WILLIS,

*
*

Petitioner,

*
*

CV

600-028

2254

action

v.
*

WARDEN GEORGE T.

*

SMITH,

*

*

Respondent.

ORDER

Petitioner

(Doc. 1.)

2000.

filed

this

28

U.S.C.

§

(Docs. 31, 32.)

The Eleventh Circuit; affirmed the dismissal.

Fourteen years later, Petitioner filed a motion

for reconsideration of the Order of Dismissal.

was

Eleventh

promptly

Circuit

denied

denied

a

as

untimely.

certificate

Petitioner's appeal of that decision.

38

2000.

The case was dismissed as time barred on November 21,

(Doc. 22.)

motion

in

(Doc.

(Doc.
of

(Doc.

34.)

35.)

appealability

40;

The

The
in

see also Doc.

(this Court's denial of certificate of appealability and in

forma pauperis status on appeal).)

Nearly two years thereafter,

Petitioner filed a motion to

vacate the judgment of November 21, 2000..

7,

2017,

(Doc. 41.)

this Court denied the motion j
to vacate.

Petitioner filed a notice of appeal from the March 7,

On March

(Doc.

45.)

2017 Order

and sought to proceed on appeal in forma pauperis.
49.)

On April

18,

2017,

this

Court

denied

(Docs. 46,

Petitioner's

motion

to proceed in forma pauperis on appeal because it could discern
"no

non-frivolous

issues

to

raise

on

appeal"

concluded that the appeal had "not beep taken
(Doc.

50,

and

therefore

in good faith."

at 2.)

Presently,

the Eleventh Circuit wishes this Court to

state

its opinion on whether Petitioner is entitled to a Certificate
of Appealability in this case.

dated April

frivolous

Doc.

18, 2017,

issues

50, at 2.)

that

this

As

stated in the Court's Order

Court is unable to discern any non-

Petitioner

could !raise

on

appeal.

(See

Because of its frivolity, Petitioner has failed

to make a substantial showing of the denial of a constitutional

right.

Therefore,

this Court will not issue a Certificate of

Appealability in this case.

See 28 U.S.C § 2253(c).

ORDER ENTERED at Augusta,

Georgia,

this

J£J* day of

, 2017.

'chief judge
States district court

southern district of georgia