Glenn v. Scutt

Filing 17

ORDER denying 15 Motion for Certificate of Appealability, but granting leave to appeal in forma pauperis. Signed by District Judge Lawrence P Zatkoff. (DHam)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION MYRON GLENN, JR., Petitioner, v. DEBRA SCUTT, Respondent. ___________________________/ ORDER DENYING PETITIONER'S MOTION FOR A CERTIFICATE OF APPEALABILITY, BUT GRANTING LEAVE TO APPEAL IN FORMA PAUPERIS Petitioner Myron Glenn, Jr., has appealed the Court's Opinion and Order [dkt 11] dismissing his habeas corpus petition as time-barred. This matter currently is pending before the Court on Petitioner's motion for a certificate of appealability. The one-year statute of limitations set forth in 28 U.S.C. § 2244(d) presented a clear procedural bar to federal habeas review of Petitioner's claims. Reasonable jurists would not find it debatable whether the Court's procedural ruling was correct or whether the habeas petition states a valid claim of the denial of a constitutional right. Slack v. McDaniel, 529 U.S. 473, 484 (2000). Accordingly, Petitioner's motion for a certificate of appealability [dkt 15] is DENIED. Petitioner nevertheless may pursue his appeal in forma pauperis because the appeal is taken in good faith and Case No. 07-15477 Hon. Lawrence P. Zatkoff

is not frivolous. 28 U.S.C. § 1915(a)(3); Fed. R. App. P. 24(a)(4)(B). IT IS SO ORDERED. S/Lawrence P. Zatkoff LAWRENCE P. ZATKOFF UNITED STATES DISTRICT JUDGE Dated: February 18, 2009 CERTIFICATE OF SERVICE The undersigned certifies that a copy of this Order was served upon the attorneys of record by electronic or U.S. mail on February 18, 2009. S/Marie E. Verlinde Case Manager [phone]