Creel v. Bowen et al

Filing 29

ORDER denying 27 Motion for Certificate of Appealability Signed by District Judge Keith Starrett on 6/16/2017 (dtj)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
EASTERN DIVISION

JAMES WALTER CREEL, # 33420

PLAINTIFF

VERSUS

CIVIL ACTION NO. 2:17cv30-KS-MTP

EDDIE H. BOWEN, JIM HOOD, DANIAL C.
JONES, DAN A. MCINTOSH, ALICE
MEADOWS, KEITH EARL COLLINS,
SHERIFF RAYBURN, GEORGE T.
HOLMES, COVINGTON COUNTY
SHERIFF’S DEPARTMENT, CITY OF
COLLINS, COUNTY OF COVINGTON,
STAN Q. SMITH, and MAYOR OF THE
CITY OF COLLINS

DEFENDANTS

ORDER DENYING CERTIFICATE OF APPEALABILITY
BEFORE THE COURT is pro se Plaintiff James Walter Creel’s Application for
Certificate of Appealability [27]. The Court dismissed this civil rights action for failure to state
a claim upon which relief could be granted, pursuant to 28 U.S.C. ' 1915(e)(2)(B)(ii). Creel
seeks a Certificate of Appealability so he may appeal that dismissal.
A Certificate of Appealability is not required in a 42 U.S.C. ' 1983 case. 28 U.S.C. '
2253(c). Moreover, Creel has a Notice of Appeal currently pending in the Fifth Circuit Court of
Appeals in this case. The motion is not well taken and is denied.
IT IS THEREFORE ORDERED AND ADJUDGED that pro se Plaintiff James Walter
Creel’s Application for Certificate of Appealability [27] should be and is hereby DENIED.
SO ORDERED AND ADJUDGED, this the _16th___ day of June, 2017.

s/ Keith Starrett
UNITED STATES DISTRICT JUDGE