Francis v. Goodwin et al

Filing 28

ORDER AND REASONS - For the reasons articulated in the Court's order denying leave to proceed in forma pauperis, Francis has not made a substantial showing of the denial of a constitutional right. The Court will not issue a certificate of appealability. Signed by Judge Sarah S. Vance on 7/25/2017.(cg)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
KENNETH FRANCIS

CIVIL ACTION

VERSUS

NO. 16-12067

JERRY GOODWIN, WARDEN

SECTION “R” (3)

ORDER AND REASONS
The Court dismissed Kenneth Francis’s petition for habeas corpus
relief1 and denied petitioner’s motion to proceed in forma pauperis on
appeal.2 The Court now denies a certificate of appealability.
Rule 11 of the Rules Governing Section 2254 Proceedings provides that
“[t]he district court must issue or deny a certificate of appealability when it
enters a final order adverse to the applicant. Before entering the final order,
the court may direct the parties to submit arguments on whether a certificate
should issue.” Rules Governing Section 2254 Proceedings, Rule 11(a). A
court may issue a certificate of appealability only if the petitioner makes “a
substantial showing of the denial of a constitutional right.” 28 U.S.C. §
2253(c)(2); Rules Governing Section 2254 Proceedings, Rule 11(a) (noting
that § 2253(c)(2) supplies the controlling standard).

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2

R. Doc. 20
R. Doc. 27.

The “controlling

standard” for a certificate of appealability requires the petitioner to show
“that reasonable jurists could debate whether (or, for that matter, agree that)
the petition should have been resolved in a different manner or that the
issues presented [are] ‘adequate to deserve encouragement to proceed
further.’” Miller-El v. Cockrell, 537 U.S. 322, 336 (2003).
For the reasons articulated in the Court’s order denying leave to
proceed in forma pauperis, Francis has not made a substantial showing of
the denial of a constitutional right. The Court will not issue a certificate of
appealability.

25th
New Orleans, Louisiana, this _____ day of July, 2017.

_____________________
SARAH S. VANCE
UNITED STATES DISTRICT JUDGE

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