Jackson v. Dingle

Filing 72

ORDER denying 71 Motion for Certificate of Appealability (Written Opinion). Signed by Senior Judge David S. Doty on 10/16/2012. (PJM)

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
Civil No. 02-1803(DSD)
Tony DeJuan Jackson,
Petitioner,
ORDER

v.
Lynn Dingle, Warden,
Respondent.

This matter is before the court upon petitioner Tony DeJuan
Jackson’s pro se application for a certificate of appealability
(COA).

Petitioner seeks to appeal the court’s denial of Rule

60(b)(6) relief in his 28 U.S.C. § 2254 case originally filed on
September 25, 2001.
A

COA

cannot

issue

unless

the

petitioner

“has

made

substantial showing of the denial of a constitutional right.”
U.S.C. § 2253(c)(2).

a
28

For such a showing, “[t]he petitioner must

demonstrate that reasonable jurists would find the district court’s
assessment of the constitutional claims debatable or wrong.” Slack
v. McDaniel, 529 U.S. 473, 484 (2000).

Petitioner failed to meet

this burden.1

Accordingly, IT IS HEREBY ORDERED that petitioner’s

application for a certificate of appealability [ECF No. 71] is
denied.
Dated:

October 16, 2012
s/David S. Doty
David S. Doty, Judge
United States District Court

1

The court denied a certificate of appealability in its
initial order. See ECF No. 68.
2