Merrit v. Tanner et al

Filing 20

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
OTIS MERRIT

CIVIL ACTION

VERSUS

NO. 16-15651

ROBERT TANNER, WARDEN

SECTION “F” (4)

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
issue(s):

X

a certificate of appealability shall not be issued for the following reason(s):
The petitioner has failed to make a substantial showing of the denial of a
constitutional right. The petitioner has failed to show an error in existing law
beyond any fairminded disagreement. See Order dated May 26, 2017, in which the
Court adopted the magistrate judge's April 17, 2017 Report & Recommendations
that the petition be dismissed without prejudice.
New Orleans, Louisiana, this 30th day of May, 2017.
_

UNITED STATES DISTRICT JUDGE