Lyons v. Lafler

Filing 77

ORDER Denying Certification of Appealabiity re 76 Appeal Order/Opinion/Judgment. Signed by District Judge Victoria A. Roberts. (CPin)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

LEROY LYONS,
Case Number: 2:10-CV-11386

Petitioner,

HONORABLE VICTORIA A. ROBERTS

v.
BLAINE LAFLER,
Respondent.
/

ORDER DENYING CERTIFICATE OF APPEALABILITY
FROM THE COURT’S JULY 2, 2018 ORDER
The Court denied Michigan prisoner Leroy Lyons’ habeas corpus petition in 2012
and denied a certificate of appealability. (Dkt. # 24) The Sixth Circuit Court of Appeals
also denied a certificate of appealability. (Dkt. # 45) The matter is now before the Court
on remand from the Sixth Circuit Court of Appeals for a determination whether to grant
or deny a certificate of appealability with respect to the Court’s July 2, 2018 Order. See
11/7/2018 Order, Lyons v. Winn, No. 18-1882.
On July 2, 2018, the Court denied Petitioner’s “Motion for Reconsideration,
Request for Appointment of Counsel” (Dkt. # 69), “Motion for the Court to Find the
Michigan Attorney General, Bill Schuette, Esq. and Raina Korbakis, Asst. Attorney
General in Civil Contempt” (Dkt. # 70), and “Motion for Evidentiary Hearing” (Dkt. #
71). Before Petitioner may appeal the Court’s decision denying his motions, a certificate
of appealability (COA) must issue. 28 U.S.C. § 2253(c)(1)(B)). A COA may be issued

“only if the applicant has made a substantial showing of the denial of a constitutional
right.” 28 U .S.C. § 2253(c)(2); Slack v. McDaniel, 529 U.S. 473, 483 (2000). Petitioner
must “demonstrate that reasonable jurists would find the district court’s assessment of the
constitutional claims debatable or wrong.” Slack, 529 U.S. at 483. “A prisoner seeking a
COA must prove something more than the absence of frivolity or the existence of mere
good faith on his or her part.” Miller-El v. Cockrell, 537 U.S. 322, 338 (2003) (internal
quotations omitted).
For the reasons set forth in the Court’s July 2, 2018 Order, the Court finds that
reasonable jurists would not debate the Court’s resolution of Petitioner’s motions. The
Court DENIES Petitioner a certificate of appealability.
SO ORDERED.

S/Victoria A. Roberts
VICTORIA A. ROBERTS
UNITED STATES DISTRICT JUDGE
DATE: November 13, 2018

2