Jackson v. Wolfenbarger

Filing 31

ORDER Denying Certificate of Appealability. Signed by District Judge David M. Lawson. (CGre)

Jackson v. Wolfenbarger

Doc. 31

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION CLEE JACKSON, Petitioner, v. HUGH WOLFENBARGER, Respondent. _______________________________/ ORDER DENYING CERTIFICATE OF APPEALABILITY The petitioner, Clee Jackson, filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254, which the Court denied on September 30, 2010. The Court will now consider whether to issue a certificate of appealability. A certificate of appealability may issue "only if the applicant has made a substantial showing of the denial of a constitutional right." 28 U.S.C. § 2253(c)(2). Courts must either issue a certificate of appealability indicating which issues satisfy the required showing or provide reasons why such a certificate should not issue. 28 U.S.C. § 2253(c)(3); Fed. R. App. P. 22(b); In re Certificates of Appealability, 106 F.3d 1306, 1307 (6th Cir. 1997). To receive a certificate of appealability, "a petitioner must show that reasonable jurists could debate whether (or, for that matter, agree that) the petition should have been resolved in a different manner or that the issues presented were adequate to deserve encouragement to proceed further." Miller-El v. Cockrell, 537 U.S. 322, 336 (2003) (internal quotes and citations omitted). The petitioner filed his petition for a writ of habeas corpus alleging that his convictions were obtained by a coerced confession and in violation of his privilege against self-incrimination; his trial and appellate counsel were constitutionally ineffective; the convictions are not supported by Civil No. 06-15158 Honorable David M. Lawson

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sufficient evidence; and his convictions are based on altered court documents. The Court rejected the petitioner's claims on the ground that they are meritless. The Court now finds that reasonable jurists could not debate that this Court correctly dismissed the petitioner's claim. Therefore, the Court will deny the petitioner a certificate of appealability. Accordingly, it is ORDERED that the certificate of appealability is DENIED. s/David M. Lawson DAVID M. LAWSON United States District Judge Dated: September 30, 2010

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 September 30, 2010. s/Teresa Scott-Feijoo TERESA SCOTT-FEIJOO

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