Martin v. Cain et al

Filing 18

Certificate of Appealability Denied by USDC. Signed by Judge Martin L.C. Feldman on 5/30/2017.(clc)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA

SHAWN MARTIN

*

CIVIL ACTION

VERSUS

*

NO. 15-4650

N. BURL CAIN

*

SECTION "F"(1)

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):

1

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 to deserve encouragement to proceed further.
See Order dated May 26, 2017, in which the Court adopted
the
magistrate
judge’s
May
1,
2017
Report
&
Recommendations that the plaintiff’s federal application
for habeas corpus is dismissed with prejudice.

May
New Orleans, Louisiana, this ____ day of ____________, 2017.
30th

____________________________
UNITED STATES DISTRICT JUDGE

2