Trotter v. Berghuis

Filing 41

ORDER Denying Motion to Hold Certificate of Appealability in Abeyance 39 and Denying Motion for Production of DNA Samples 40 . Signed by District Judge Denise Page Hood. (LSau)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
GREGORY TROTTER,
Petitioner,

Civil No. 2:13-cv-14824
Hon. Denise Page Hood

v.
MARY BERGHUIS,
Respondent.
/

ORDER DENYING MOTION TO HOLD CERTIFICATE OF
APPEALABILITY IN ABEYANCE AND DENYING MOTION FOR
PRODUCTION OF DNA SAMPLES [Dkts. 39 and 40]
This is a habeas case under 28 U.S.C. § 2254. Petitioner filed a pro se petition
for writ of habeas corpus raising several claims for relief. On November 30, 2017, the
Court issued an Opinion and Order denying the petition. The Opinion also specifically
denied Petitioner a certificate of appealability and permission to appeal in forma
pauperis. The Court found that Petitioner was not entitled to proceed in forma
pauperis on appeal because an appeal could not be taken in good faith as his claims
are frivolous.
Before the Court is Petitioner’s motion to hold the order denying a certificate
of appealability in abeyance and his motion for production of DNA samples. [dkts. 39
and 40]. Petitioner asserts that under 34 U.S.C. 12592(b)(3)(c) he is entitled to DNA
samples and testing. That section involves the FBI’s maintenance of a DNA database

and a criminal defendant’s access to information within it during his criminal case. It
has no application to a request for new testing during a closed federal habeas
proceeding. This Court has already determined in the opinion denying the petition that
Petitioner is not entitled to a certificate of appealability or to proceed on appeal in
forma pauperis. He offers no new arguments as to why the relief requested is
warranted. The pending motions are therefore DENIED.
SO ORDERED.

S/Denise Page Hood
Denise Page Hood
Chief Judge, United States District Court
Dated: June 5, 2018
I hereby certify that a copy of the foregoing document was served upon counsel of
record on June 5, 2018, by electronic and/or ordinary mail.
S/LaShawn R. Saulsberry
Case Manager