Price v. Louisiana State et al

Filing 27

ORDER AND REASONS denying 21 Motion for Reconsideration ; denying 24 Motion for Certificate of Appealability. Signed by Judge Helen G. Berrigan on 11/12/2013. (kac, )

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
WILLIE PRICE, JR.

CIVIL ACTION

versus

NO. 12-2285

STATE OF LOUISIANA

SECTION “C” (3)

ORDER AND REASONS
Petitioner seeks reconsideration of this Court’s denial of Certificate of Appealability
(“COA”) and submits a separate motion for COA. Rec. Docs. 21 & 24. For petitioner’s motion
for reconsideration, the Court ordered that any opposition be filed into the record by October 23,
2013 at 4:30 pm, at which time the Court would take the motion under advisement on the
briefing. Rec. Doc. 22. Although no opposition was filed, petitioner submitted a response or
reply in support of his own motion consisting of 677 pages of documents related to his case. Rec.
Doc. 26. The petitioner has also filed a notice of appeal, raising the same arguments and
unexhausted claims presented in petitioner’s Objections to the Magistrate Judge’s Report and
Recommendation. Rec. Doc. 15.
The Court denied a COA in this case because the petitioner failed to show a violation of
his constitutional rights in the claims pursued in his original petition for habeas corpus relief.
Rec. Doc. 20. Petitioner’s recent submissions also fail to illuminate a constitutional violation
among his original claims. Therefore, these new submissions furnish no basis for reconsideration
of the Court’s denial of COA. Petitioner’s motions will be DENIED.
The Court notes that the Fifth Circuit Court of Appeal can treat petitioner’s notice of
appeal as an application for COA. See Slack v. McDaniel, 529 U.S. 473, 483, 120 S. Ct. 1595,
1603, 146 L. Ed. 2d 542 (2000).

Accordingly,
IT IS ORDERED that petitioner’s Motion for Reconsideration and Motion for a
Certificate of Appealability are DENIED. Rec. Docs. 21 & 24.

New Orleans, Louisiana this 12th day of November, 2013.

___________________________________
HELEN G. BERRIGAN
UNITED STATES DISTRICT COURT