Davis v. King et al

Filing 45

Certificate of Appealability Denied re 39 Notice of Appeal. Signed by Senior Judge Neal B. Biggers on 8/29/14. (cr)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI
ABERDEEN DIVISION

JEREMY DALE DAVIS,
v.

PETITIONER
CIVIL ACTION NO.: 1:12cv160-NBB-SAA

RONALD KING, et al.,

RESPONDENTS

CERTIFICATE OF APPEALABILITY
A final judgment having been filed in the above captioned habeas corpus proceeding in
which the detention complained of arises out of process issued by a state court under 28 U.S.C. §
2254, the Court, considering the record in the case and the requirements of 28 U.S.C. § 2253(c),
hereby finds that:
PART A
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The applicant has made a substantial showing of the denial of a constitutional

right.
SPECIFIC ISSUE(S):
:

A certificate of appealability should not issue.

REASONS FOR DENIAL:
For the reasons stated in its opinion, the Court finds that the Petitioner has failed to
“demonstrate that the issues are debatable among jurists of reason; that a court could resolve
issues in a different manner; or that the questions are adequate to deserve encouragement to
proceed further.” Barefoot v. Estelle, 463 U.S. 880, 893 n.4 (1993) (superceded by statute)
(citations and quotations omitted); 28 U.S.C. § 2253(c)(1) and (2). Specifically, the Court finds,

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for the reasons set forth in its July 24, 2014, memorandum opinion and final judgment, that the
Petitioner’s habeas petition and his request for a certificate of appealability should be denied.
PART B (if applicable)
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The party appealing is entitled to proceed in forma pauperis.

:

The party appealing is not entitled to proceed in forma pauperis.

REASONS FOR DENIAL:
The Court finds that the Petitioner's appeal is not taken in good faith because it is frivolous
and has no possibility of success. See Fed. R. App. P. 24.
SO ORDERED this, the 29th day of August, 2014.

/s/ Neal Biggers
NEAL B. BIGGERS, JR.
UNITED STATES DISTRICT JUDGE

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