Wyatt v. Warren

Filing 17

ORDER denying 15 MOTION for Certificate of Appealability filed by Nathan Wyatt, and 14 Application to Proceed In Forma Pauperis filed by Nathan Wyatt. Signed by District Judge Thomas L Ludington. (PMil)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN NORTHERN DIVISION NATHAN WYATT, Petitioner, v. MILLICENT WARREN, Respondent. _____________________________________/ ORDER DENYING CERTIFICATE OF APPEALABILITY AND APPLICATION TO PROCEED IN FORMA PAUPERIS On January 12, 2010, the Court denied Petitioner Nathan Wyatt's petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. On February 18, 2010, Petitioner filed an application to proceed in forma pauperis on appeal [Dkt. #14], and a motion for certificate of appealability [Dkt. #15]. When the Court denied Petitioner's petition for a writ of habeas corpus on January 12, 2010, the Court denied Petitioner leave to proceed in forma pauperis on appeal, because an appeal would be frivolous and could not be taken in good faith. See 28 U.S.C. § 1915(a)(3). The Court also denied Petitioner a certificate of appealability because he did not make a substantial showing of the denial of a constitutional right. See 28 U.S.C. § 2253(c)(2). Accordingly, it is ORDERED that Petitioner's application to proceed in forma pauperis on appeal [Dkt. #14] and motion for certificate of appealability [Dkt. #15] are DENIED. s/Thomas L. Ludington THOMAS L. LUDINGTON United States District Judge Dated: March 1, 2010 Case Number 09-10285-BC Honorable Thomas L. Ludington

PROOF OF SERVICE The undersigned certifies that a copy of the foregoing order was served upon each attorney or party of record herein by electronic means or first class U.S. mail on March 1, 2010. s/Tracy A. Jacobs TRACY A. JACOBS

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