Cooper v. Epps et al

Filing 26

ORDER denying 23 Motion to Appeal in forma pauperis; denying 24 Motion for Certificate of Appealability. Signed by District Judge Sharion Aycock on 1/30/15. (jlm)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI
OXFORD DIVISION
MANUEL COOPER,
V.

PETITIONER
CIVIL ACTION NO.: 3:14CV119-SA-SAA

CHRISTOPHER EPPS and
ATTORNEY GENERAL OF THE STATE OF MISSISSIPPI,

RESPONDENTS

CERTIFICATE OF APPEALABILITY
A notice of appeal has been filed in the above captioned case from the final order in a 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 Fed. R. Civ. P. 22(b) and 28 U.S.C. § 2253(c), finds that:
PART A
9

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 the 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 Barefoot v. Estelle, 463 U.S. 880, 893 n.4 (1993) (superceded by statute)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,

for the reasons set forth in its October 7, 2014, memorandum opinion and final judgment, and the
Court’s November 4, 2014, denial of motion for reconsideration, that Petitioner has failed to
make a substantial showing of the denial of a constitutional right, and the instant motion should
be denied.
PART B (if applicable)
9

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 has already determined in a prior Order dated November 4, 2014, that Petitioner is
not entitled to proceed in forma pauperis on appeal. The Court here reiterates its finding, as
Petitioner’s appeal has no possibility of success. See Fed. R. App. P. 24.
SO ORDERED, this, the 30th day of January, 2015.
/s/ Sharion Aycock
U.S. DISTRICT JUDGE