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)

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