Antley v. Darden et al

Filing 43

MEMORANDUM ORDER denying 42 Motion for Certificate of Appealability. Signed by Judge Robert G James on 6/10/16. (crt,DickersonSld, D)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA
MONROE DIVISION
MICKEY WAYNE ANTLEY

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CIVIL ACTION NO. 14-3307
SEC. P.

VERSUS

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JUDGE ROBERT G. JAMES

DEPUTY SLADE DARDEN, ET AL.

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MAG. JUDGE KAREN L. HAYES

MEMORANDUM ORDER
This is a civil rights action under 42 U.S.C. § 1983, in which Plaintiff Mickey Wayne
Antley (“Antley”) brought claims against Defendants for the alleged use of excessive force and
violations of his Fourth Amendment rights. On May 6, 2016, the Court issued a Judgment [Doc.
No. 41] adopting the Report and Recommendation of the Magistrate Judge and denying Antley’s
Motion for Summary Judgment [Doc. No. 33].
On June 8, 2016, Antley filed a “Request for Certificate of Appealability” [Doc. No. 42].
The Court must consider whether to grant or deny a certificate of appealability after a final
judgment issues in a habeas case. This is not a habeas case, and no final judgment has issued.
As Antley is acting pro se, the Court has considered whether he may be seeking leave to
file an interlocutory appeal. However, as required by 28 U.S.C. § 1292, Antley has failed to
show that the Court’s Judgment “involves a controlling question of law as to which there is
substantial ground for difference of opinion and that an immediate appeal from the order may
materially advance the ultimate termination of the litigation.” Accordingly,

Antley’s Request for Certificate of Appealability is DENIED.
MONROE, LOUISIANA, this 10th day of June, 2016.

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