Robinson v. Judges and Justices of the State of Mississippi et al

Filing 38

Certificate of Appealability Denied re 34 Notice of Appeal. Signed by Chief District Judge Louis Guirola, Jr on 4/27/17 (Whitsitt, K)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI SOUTHERN DIVISION SCOOTER L. ROBINSON, #L1529 v. PETITIONER CAUSE NO. 1:15CV83 LG-RHW JUDGES AND JUSTICES OF THE STATE OF MISSISSIPPI, ET AL. RESPONDENTS CERTIFICATE OF APPEALABILITY A notice of appeal having been filed in the captioned habeas corpus case, in which the detention complained of arises out of process issued by a state court pursuant to 28 U.S.C. § 2254 or the detention arises out of a judgment and conviction in federal court which is being challenged pursuant to 28 U.S.C. § 2255, the court, considering the record in the case and the requirements of 28 U.S.C. § 2253 and Rule 22(b) of the Federal Rules of Appellate Procedure, hereby finds that: Part A A certificate of appealability should issue. (See reasons below.) X A certificate of appealability should not issue. (See reasons below.) Part B X The party appealing is a pauper. The party appealing is not a pauper. (See reasons below.) REASONS: The Petitioner has not made a “substantial showing of the denial of a constitutional right.” See 28 U.S.C. § 2253(c)(2); Elizalde v. Dretke, 362 F.3d 323, 328 (5th Cir. 2004). The Petitioner has not presented a claim for which habeas corpus relief may be awarded. See this Court's order adopting the Report and Recommendation of the United States Magistrate Judge and the Report and Recommendation. Date: April 27, 2017 s/ Louis Guirola, Jr. Louis Guirola, Jr. United States District Judge G:\wp51\forms\prisoners\App Ord-HABEAS COA-IFP 7/2002

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