Garvin v. MacLaren

Filing 11

ORDER denying 10 Motion for Certificate of Appealability. Signed by District Judge Avern Cohn. (MVer)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
STANFORD GARVIN,
Petitioner,

Case No. 17-10206

v.
HON. AVERN COHN
DUNCAN MacLAREN,
Respondent.
_________________________________/
ORDER DENYING PETITIONER’S
MOTION FOR A CERTIFICATE OF APPEABILITY (Doc. 10)
This is a habeas case under 28 U.S.C. § 2254. Stanford Garvin (Petitioner), challenged
his 1989 guilty plea convictions of assault with intent to commit murder, unlawful driving away of
an automobile, and possession of a firearm during the commission of a felony for which he is
serving a sentence of 60 to 90 years. He raised two claims: (1) Petitioner’s direct appeal should
be reinstated where the lack of a direct appeal violated his constitutional rights, and (2)
Petitioner should be allowed to withdraw his plea. The Court denied the petition as untimely.
(Doc. 8) The Court also declined to issue a certificate of appealability. See Doc. 8 at p. 5.
Before the Court is Petitioner’s motion for a certificate of appealability (COA). (Doc. 10).
Given that the Court has already denied a COA, the motion is MOOT. Furthermore, construing
Petitioner’s motion as a motion for reconsideration of the denial of a COA, it is DENIED.
Petitioner has not established that the Court erred in determining that reasonable jurists would
not debate the Court’s assessment of Petitioner’s claims or conclude that his claims deserve
encouragement to proceed further.
SO ORDERED.
S/Avern Cohn
AVERN COHN
UNITED STATES DISTRICT JUDGE
Dated: October 17, 2017
Detroit, Michigan