Massey v. State of Mississippi et al

Filing 13

Certificate of Appealability Denied. The applicant has failed to make a substantial showing of the denial of a constitutional right. Signed by Chief District Judge Louis Guirola, Jr. on 1/4/13. (RLW)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
SOUTHERN DIVISION
JOSEPH MASSEY, #107773
v.

PETITIONER
CIVIL ACTION NO. 1:12-CV-153- LG-JMR

STATE OF MISSISSIPPI and
JOHNNIE DENMARK

RESPONDENTS

CERTIFICATE OF APPEALABILITY
A final order adverse to the applicant having been filed in the captioned habeas
corpus case, in which the detention complained of arises out of process issued by a state
court or a proceeding pursuant to 28 U.S.C. § 2255, the court, considering the record
in the case and the requirements of 28 U.S.C. § 2253, Rule 22(b) of the Federal Rules
of Appellate Procedure, and Rule 11(a) of the Rules Governing Section 2254 Cases in
the United States District Courts, hereby finds that:
X A Certificate of Appealability should not issue. The applicant has failed
to make a substantial showing of the denial of a constitutional right.
A Certificate of Appealability should issue for the following specific
issue(s):
SO ORDERED AND ADJUDGED this the 4th day of January, 2013.
s/

Louis Guirola, Jr.

LOUIS GUIROLA, JR.
CHIEF U.S. DISTRICT JUDGE