Bates v. Louisiana State Penitentiary

Filing 19

ORDER denying 17 Motion for Certificate of Appealability re 16 Notice of Appeal. Signed by Judge Tom Stagg on 07/17/09. (crt,Lundy, N)

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U.S. DISTRICT COURT ~STERNOISTRICT0FLCUISIANA R!CEIVED -SHREVEPORT JUL 17 21N9 TONY R. MO%RK UNITED STATES DISTRICT COURT WESTEHNEVSTRICT DIVILOUISIANA SR R DIEPOR T OF SION CIVIL ACTION NO. 5:06CV637 JUDGE STAGG MAGISTRATE JUDGE HORNSBY CERTIFICATE OF APPEALABILITY NOBLE VERSUS TES WARDEN LSP A final order having been filed in the above-captioned habeas case, the court, considering the record in this case and the requirements of 28 U.S.C. 2253, hereby finds that: X The certificate of appealability is DENIED because the applicant has failed to demonstrate a substantial showing of the denial of a constitutional right. The certificate of appealability is GRANTED for the below reasons: ____ The applicant has made a substantial showing that the following issues constitute a denial of a constitutional right: Signed at Shreveport, Louisiana, this 17th day of July, 2009. Tom Stagg UNITED STATES DISTRICT JU

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