English v. Acevedo et al

Filing 55

WRITTEN Opinion entered by the Honorable Samuel Der-Yeghiayan on 7/23/2012: For the reasons stated below, Petitioner's request for a certificate of appealability is denied. [For further details see written opinion.] Mailed notice (ph, )

Order Form (01/2005)

United States District Court, Northern District of Illinois
Name of Assigned Judge
or Magistrate Judge

Samuel Der-Yeghiayan

CASE NUMBER

11 C 737

CASE
TITLE

Sitting Judge if Other
than Assigned Judge

DATE

7/23/2012

Johnny English (K-55015) vs. Gerardo Acevedo

DOCKET ENTRY TEXT

For the reasons stated below, Petitioner’s request for a certificate of appealability is denied.

O[ For further details see text below.]

Docketing to mail notices.

STATEMENT
This matter is before the court on Petitioner Johnny English’s (English) request for a certificate of
appealability. On March 20, 2012, this court granted Respondent’s motion to dismiss English’s petition for
writ of habeas corpus (Petition) brought pursuant to 28 U.S.C. § 2254. On May 1, 2012, the court denied
English’s motion to reconsider. On June 13, 2012, English filed a notice of appeal, which operates as a
request for a certificate of appealability. See West v. Schneiter, 485 F.3d 393, 394-95 (7th Cir. 2007)(stating
that “[a] notice of appeal acts as a request for a certificate whether or not the prisoner files a separate
application”). A district court should only issue a certificate of appealability “if the applicant has made a
substantial showing of the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2). The petitioner must also
show that “reasonable jurists could debate whether (or, for that matter, agree that) 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. McDonnell, 529 U.S. 473, 484 (2000)(quoting Barefoot v. Estelle, 463 U.S. 880,
893 (1983)). In the instant action, English has not made a substantial showing of the denial of a
constitutional right as to any claims presented in his Petition. Nor has English shown that reasonable jurists

11C737 Johnny English (K-55015) vs. Gerardo Acevedo

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STATEMENT
could debate whether the Petition should have been resolved in a different manner or that the issues presented
in the Petition deserve encouragement to proceed further. As indicated in the court’s prior rulings, the
Petition was untimely and the equitable tolling doctrines are not applicable in this case. In addition, even if
the Petition were timely, it lacks any merit. Therefore, the request for a certificate of appealability is denied.

11C737 Johnny English (K-55015) vs. Gerardo Acevedo

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