Anderson v. Rapelje

Filing 22

OPINION AND ORDER denying 19 Motion for a Certificate of Appealability. Signed by District Judge Paul D. Borman. (DTof)

Download PDF
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 1 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 2

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?