Spagnola v. Scutt

Filing 36

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
SOUTHERN DIVISION
FRANK SPAGNOLA, 459889
Petitioner,
v.

Civil Action No. 11-CV-10329
HON. BERNARD A. FRIEDMAN

RANDALL HAAS,
Respondent.
_______________________/
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
Detroit, Michigan

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
Case Manager

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