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)

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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

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