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)

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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 2

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