Jones v. Sumlin et al

Filing 16

Certificate of Appealability Denied. Signed by Judge Martin L.C. Feldman on 11/10/2011. (tsf, )

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA JOSEPH H. JONES * CIVIL ACTION VERSUS * NO. 11-1520 JOHNNY SUMLIN * SECTION "F" CERTIFICATE OF APPEALABILITY Having separately issued a final order in connection with the captioned habeas corpus proceeding, in which the detention complained of arises out of process issued by a state court, the Court, after considering the record and the requirements of 28 U.S.C. § 2253 and Fed. R. App. P. 22(b), hereby orders that, ________ a certificate of appealability shall be issued having found that petitioner has made a substantial showing of the denial of a constitutional right related to the following issues: _____________________________________________ _____________________________________________ _____________________________________________ _____________________________________________ ____x_____ a certificate of appealability shall not be issued for the following reason(s): The petitioner has failed to make a substantial showing of the denial of a constitutional right. The petitioner has failed to show that reasonable jurists could debate whether the motion should have been resolved in a different manner or that the issues presented were adequate proceed to deserve further. encouragement See Order to dated November 9, 2011, in which the Court adopted the magistrate judge’s October 19, 2011 Report & Recommendations that the petition be dismissed with prejudice as untimely. Hello This is a Test New Orleans, Louisiana, this 10th day of ____________, 2011. ____ November ____________________________ UNITED STATES DISTRICT JUDGE

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