Dade v. United States of America

Filing 132

CERTIFICATE OF APPEALABILITY - NOW THEREFORE IT IS HEREBY ORDERED, that the motion to amend (docket no. 127 ) is GRANTED, and that the Memorandum Decision and Order (docket no. 125 ) be AMENDED to include this Certificate of Appealability that is G RANTED as to all issues contained in the Courts decision in its Memorandum Decision and Order(docket no. 125 ). Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjs)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF IDAHO
JOHN ERNEST DADE
Plaintiff,
v.

Case No. 4:16-CV-224-BLW
(Criminal Case 4:01-cr-196-BLW)

UNITED STATES OF AMERICA

CERTIFICATE OF
APPEALABILITY

Defendant.

Petitioner seeks to amend the Court’s earlier decision to include a Certificate of
Appealability. Habeas Rule 11(a) states that this Court “must issue or deny a certificate
of appealability (COA) when it enters a final order adverse to the applicant.” A COA
may issue only if the applicant makes a substantial showing of the denial of a
constitutional right. 28 U.S.C. § 2253(c)(2). Under this standard, a petitioner must show
that reasonable jurists could debate whether the petition should have been resolved in a
different manner or that the issues presented were adequate to deserve encouragement to
proceed further. Slack v. McDaniel, 529 U.S. 473, 484 (2000).
Here, that standard has been met with regard to the Court’s Memorandum and
Decision (docket no. 125), which is being appealed by the petitioner. Accordingly,
NOW THEREFORE IT IS HEREBY ORDERED, that the motion to amend
(docket no. 127) is GRANTED, and that the Memorandum Decision and Order (docket
no. 125) be AMENDED to include this Certificate of Appealability that is GRANTED as

to all issues contained in the Court’s decision in its Memorandum Decision and Order
(docket no. 125).

DATED: February 28, 2019

_________________________
B. Lynn Winmill
Chief Judge
United States District Court