LaGarde v. Smith et al

Filing 7

Certificate of Appealability Denied by USDC. Signed by Judge Mary Ann Vial Lemmon on 10/6/2015.(mmm)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA FELTON LAGARDE CIVIL ACTION VERSUS NO. 15-2377 SETH SMITH SECTION "S"(1) CERTIFICATE OF APPEALABILITY Having separately issued a final order in connection with the captioned 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. ยง 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 issue(s): X a certificate of appealability shall not be issued for the following reason(s): An appeal would not be taken in good faith for the reasons stated in the United States Magistrate Judge's Report and Recommendation (Doc. #4), which was adopted as the opinion of this court. New Orleans, Louisiana, this 6th day of October UNITED STATES DISTRICT JUDGE , 2015.

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