Anderson v. Rapelje
Filing
22
OPINION AND ORDER denying 19 Motion for a Certificate of Appealability. Signed by District Judge Paul D. Borman. (DTof)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
ALBERT ANDERSON,
Petitioner,
CASE NO. 2:11-14825
HONORABLE PAUL D. BORMAN
UNITED STATES DISTRICT JUDGE
v.
LLOYD RAPELJE,
Respondent.
______________________________________/
OPINION AND ORDER DENYING THE
MOTION FOR A CERTIFICATE OF APPEALABILITY
On July 9, 2012, this Court denied petitioner’s habeas application that had been brought
pursuant to 28 U.S.C. § 2254 and also denied petitioner a certificate of appealability and leave to
appeal in forma pauperis. Anderson v. Rapelje, No. 2:11-CV-14825; 2012 WL 2720165 (E.D.
Mich. July 9, 2012). The United States Court of Appeals for the Sixth Circuit subsequently
denied petitioner’s application for a certificate of appealability, his motion for leave to proceed
in forma pauperis, and dismissed the appeal. Anderson v. Rapelje, No. 12-2293 (6th Cir.
September 18, 2013).
Pending before the Court is petitioner’s “Motion Addressing Why the Court Should Issue
a Certificate of Appealability.”
In light of the fact that the Sixth Circuit has denied petitioner a certificate of appealability
and dismissed petitioner’s appeal, the motion for a certificate of appealability will be denied as
moot. See Woodberry v. Bruce, 203 F. App’x. 186, 189 (10th Cir. 2006). The Sixth Circuit’s
denial of petitioner’s motion for a certificate of appealability and the dismissal of petitioner’s
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prior appeal divested this Court of any power to grant petitioner a certificate of appealability on
the issues he previously appealed and lost on before the Sixth Circuit. Id.
IT IS ORDERED that Petitioner’s “Motion Addressing Why the Court Should Issue a
Certificate of Appealability” [Dkt. # 19] is DENIED AS MOOT.
SO ORDERED.
s/Paul D. Borman
PAUL D. BORMAN
UNITED STATES DISTRICT JUDGE
Dated: December 23, 2013
CERTIFICATE OF SERVICE
The undersigned certifies that a copy of the foregoing order was served upon each attorney or
party of record herein by electronic means or first class U.S. mail on December 23, 2013.
s/Deborah Tofil
Case Manager
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