Spagnola v. Scutt
OPINION and ORDER Denying Petitioner's Motion for Certificate of Appealability 32 . Signed by District Judge Bernard A. Friedman. (JCur)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
FRANK SPAGNOLA, 459889
Civil Action No. 11-CV-10329
HON. BERNARD A. FRIEDMAN
OPINION AND ORDER DENYING PETITIONER’S
MOTION FOR A CERTIFICATE OF APPEALABILITY
This matter is before the Court on petitioner’s motion for a certificate of
appealability [docket entry 32].
On April 3, 2017, the Court issued an opinion and order denying
petitioner’s petition for a writ of habeas corpus. In that opinion the Court stated:
IT IS FURTHER ORDERED that a certificate of appealability is
denied because petitioner has failed to make a substantial showing
of the denial of a federal constitutional right, and leave to appeal in
forma pauperis is denied because the appeal would be frivolous.
See Dell v. Straub, 194 F. Supp. 2d 629, 659 (E.D. Mich. 2002).
Petitioner fails to show that this finding was erroneous. Accordingly,
IT IS ORDERED that petitioner’s motion for a certificate of appealability is denied.
s/Bernard A. Friedman
BERNARD A. FRIEDMAN
SENIOR UNITED STATES DISTRICT JUDGE
Dated: April 27, 2017
CERTIFICATE OF SERVICE
The undersigned certifies that the foregoing document was served upon counsel of record and
any unrepresented parties via the Court's ECF System to their respective email or First Class
U.S. mail addresses disclosed on the Notice of Electronic Filing on April 27, 2017.
s/Johnetta M. Curry-Williams
Acting in the Absence of Carol Mullins
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?