Baker v. MacLaren

Filing 31

ORDER Denying Request for Certificate of Appealability and Denying Request for Leave to Proceed Informa Pauperis re 29 Notice of Appeal filed by Dannie Baker. Signed by District Judge Gerald E. Rosen. (JOwe)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
DANNIE RAY BAKER,
Petitioner,
vs.

No. 13-11092
Hon. Gerald E. Rosen

JOE BARRETT,
Respondent.
___________________________/
ORDER DENYING REQUEST FOR CERTIFICATE
OF APPEALABILITY AND DENYING REQUEST FOR LEAVE
TO PROCEED ON APPEAL IN FORMA PAUPERIS
At a session of said Court, held in
the U.S. Courthouse, Detroit, Michigan
on June 04, 2014
PRESENT:Honorable Gerald E. Rosen
United States District Chief Judge
This matter is presently before the Court on the May 22, 2014 pro se request of
Petitioner Dannie Ray Baker for a certificate of appealability and for leave to proceed
with his appeal of the Court’s April 22, 2014 Opinion and Order denying his habeas
corpus petition in forma pauperis. Pursuant to the Rules Governing § 2254 Cases, Rule
11(a), 28 U.S.C. foll. § 2254, in its April 22, 2014 Order, the Court already determined
that a certificate of appealability should not issue. See 4/22/14 Opinion and Order, Dkt. #
26. The Court further determined that any appeal would be frivolous and, therefore,
Petitioner would not be granted leave to proceed in forma pauperis. See id. Nothing in

Petitioner’s May 22, 2014 request alters the Court’s prior determinations.
Therefore,
IT IS HEREBY ORDERED that Petitioner’s request for a certificate of
appealability and for leave to proceed on appeal in forma pauperis is DENIED.

s/Gerald E. Rosen
Chief Judge, United States District Court
Dated: June 4, 2014
I hereby certify that a copy of the foregoing document was served upon the parties and/or
counsel of record on June 4, 2014, by electronic and/or ordinary mail.
s/Julie Owens
Case Manager, [phone]