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)

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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

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