Savinell v. Epps et al
Filing
14
Certificate of Appealability Denied. Signed by District Judge Debra M. Brown on 2/9/15. (jtm)
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI
OXFORD DIVISION
RYAN ANTHONY SAVINELL
PLAINTIFF
V.
NO. 3:14-CV-00226-DMB-JMV
CHRISTOPHER EPPS, et al.
DEFENDANTS
CERTIFICATE OF APPEALABILITY
A final order having been issued in either 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 or §
2241 or in a proceeding under 28 U.S.C. § 2255, the Court, considering the record in the case
and the requirements of Fed. R. App. P. 22(b) and 28 U.S.C. § 2253(c), hereby finds that:
PART A
the applicant has made a substantial showing of the denial of a constitutional
right.
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, 103 S.Ct. 3383,
3394 n.4, 77 L.Ed.2d 1090 (1993) (superseded by statute) (citations and quotations omitted); 28
U.S.C. § 2253(c) (1) and (2). Specifically, the court finds that the instant petition for a writ of
habeas corpus should be dismissed under Fed. R. Civ. P. 41(b) because the petitioner did not
comply with an order of the court.
PART B (if applicable)
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 9th day of February, 2015.
/s/ Debra M. Brown
UNITED STATES DISTRICT JUDGE
2
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