Small v. Louisiana State Penitentiary

Filing 28

ORDER denying 25 Motion for Certificate of Appealability re 24 Notice of Appeal. Signed by Judge S Maurice Hicks on 8/25/09. (crt,Lundy, N)

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA SHREVEPORT DIVISION SEAN SMALL VERSUS WARDEN, LSP CIVIL ACTION NO. 5:06CV1114 JUDGE HICKS MAGISTRATE JUDGE HORNSBY CERTIFICATE OF APPEALABILiTY

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 fmds that:

I

The certificate of appealability is DENThD 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 S~ dt_3fl~Oçft
,

Louisiana, this

25~ay of d

t1~lJ5t2OO9.

S. Maurice Hicks, Jr. UNITED STATES DISTRICT JUDGE