Hays v. Fisher et al

Filing 10

Certificate of Appealability Denied. Signed by District Judge Sharion Aycock on 8/9/17. (cr)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF MISSISSIPPI GREENVILLE DIVISION HOWARD HAYS PETITIONER v. No. 4:16CV156-SA-RP MARSHALL FISHER, ET AL. RESPONDENTS 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 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 Ademonstrate 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to proceed further.@ Barefoot v. Estelle, 463 U.S. 880, 893 n.4, 103 S.Ct. 3383, 3394 n.4, 77 L.Ed.2d 1090 (1993) (superceded by statute) (citations and quotations omitted); 28 U.S.C. § 2253(1) and (2). Specifically, the court finds, for the reasons set forth in its, memorandum opinion and final judgment, that the instant petition for a writ of habeas corpus should be dismissed for failure to exhaust state remedies. 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 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 August, 2017. /s/ Sharion Aycock__________ U.S. DISTRICT JUDGE -2-

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