Turner v. United States of America

Filing 36

OPINION AND ORDER denying motion for certificate of appealability. Signed by Judge Robert L Miller, Jr on 10/6/11. (ksc)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF INDIANA
SOUTH BEND DIVISION
DARRELL TURNER,
Petitioner
v.
UNITED STATES OF AMERICA,
Respondent

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Cause Nos: 3:06-CV-797
(arising out of 3:03-CR-22(2)RM)

OPINION AND ORDER
The court construes Darrell Turner’s notice of appeal challenging the court’s
August 3, 2011 order denying his motion to reopen his petition under 28 U.S.C.
§ 2255, as a motion for a certificate of appealability. Issuance of a certificate
requires the court to find that Mr. Turner has made “a substantial showing of the
denial of a constitutional right.” 28 U.S.C. § 2253(c)(2); Miller-El v. Cockrell, 537
U.S. 322, 336 (2003). This means he must show “that reasonable jurists could
debate whether (or, for that matter, agree that) the [motion] should have been
resolved in a different manner or that the issues presented were ‘adequate to
deserve encouragement to proceed further.’” Miller-El v. Cockrell, 537 U.S. at 336.
For the reasons stated in the court’s orders of August 3, 2011 and August 16,
2011 (denying Mr. Turner’s motion to proceed in forma pauperis on appeal), the
court finds that Mr. Turner hasn’t met that burden, and DENIES the motion for
a certificate of appealability.
SO ORDERED.
ENTERED: October 6, 2011

/s/ Robert L. Miller, Jr.
Judge
United States District Court

cc:

D. Turner
W. Grimmer
Court of Appeal

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