Anderson v. King

Filing 27

ORDER that Petitioner will not be granted a Certificate of Appealability on 3 Motion for Certificate of Appealability. (Written Opinion). Signed by Judge Richard H. Kyle on 02/14/12. (kll)

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA

Maurice Lovell Anderson,
Plaintiff,

Civil No. 11-948 (RHK/JJK)
ORDER

v.
John King, Warden, Stillwater Correctional
Facility, Minnesota,
Defendant.

On December 27, 2011, this Court adopted the Report and Recommendation of
Magistrate Judge Jeffrey J. Keyes and dismissed the Petitioner’s Petition for Writ of
Habeas Corpus. Now before the Court is Petitioner’s Application for Certificate of
Appealability (“COA”).
The undersigned has again reviewed the underlying record in this matter together
with the pending Application.
A § 2254 habeas corpus petitioner cannot appeal an adverse ruling on his petition
unless he is granted a COA. 28 U.S.C. § 2253(c)(1)(A); Fed. R. App. P. 22(b)(1). A
COA cannot be granted unless the petitioner “has made a substantial showing of the
denial of a constitutional right.” 28 U.S.C. § 2253(c)(2). To make 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. Daniel, 529 U.S.
473, 484 (2000).

In this case, the Court finds it unlikely that any other court, including the Eighth
Circuit Court of Appeals, would decide Petitioner’s claims any differently than they have
been decided here. Petitioner has not identified, (and the Court cannot independently
discern), anything novel, noteworthy or worrisome about this case that warrants appellate
review. Therefore, Petitioner will NOT be granted a Certificate of Appealability in this
matter.
Dated: February 14, 2012
s/Richard H. Kyle
RICHARD H. KYLE
United States District Judge

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