Pauls v. Hoffner

Filing 15

OPINION and ORDER Denying Motion for Certificate of Appealability re 14 MOTION. Signed by District Judge Sean F. Cox. (JMcC)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION MANAL PAULS, Petitioner, CIVIL NO. 2:14-CV-10779 HONORABLE SEAN F. COX UNITED STATES DISTRICT COURT v. BONITA HOFFNER, Respondent. ________________________________/ OPINION AND ORDER DENYING THE MOTION FOR A CERTIFICATE OF APPEALABILITY On March 25, 2017, 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. Pauls v. Hoffner, No. 2:14-CV-10779; 2016 WL 1170805 (E.D. Mich. March 25, 2016). 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. Pauls v. Hoffner, No. 16-1516 (6th Cir. November 17, 2016). Pending before the Court is petitioner’s “Motion For Relief From Judgment,” requesting that this Court grant him 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 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 For Relief From Judgment,” which in essence is a motion for a certificate for appealablity [Dkt. # 14] is DENIED AS MOOT. SO ORDERED. s/Sean F. Cox Sean F. Cox United States District Judge Dated: July 11, 2017 I hereby certify that a copy of the foregoing document was served upon counsel of record on July 11, 2017, by electronic and/or ordinary mail. s/Jennifer McCoy Case Manager

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