Johansson v. Johnson et al

Filing 16

Certificate of Appealability Denied. Signed by Honorable David C. Bramlette, III on August 26, 2015. (AA)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
WESTERN DIVISION
JOHNNY RUSSELL JOHANSSON, #167136
VS.

PETITIONER

CIVIL ACTION NO: 5:14-cv-96-DCB-MTP

RON KING

RESPONDENT
ORDER DENYING COA

Rule 11(a) of the rules governing §§ 2254 and 2255 cases
requires the district court to issue or deny a certificate of
appealability
Petitioner.

when

it

enters

a

final

order

adverse

to

the

Having reviewed the record, applicable statutory and

case law, and being otherwise fully advised in the premises, the
Court finds and orders as follows:
Pursuant to Federal Rule of Appellate Procedure 22(b), Rule
11(a) of the Rules Governing §§ 2254 and 2255 proceedings, and 28
U.S.C. § 2253(c), the Court finds that the petitioner has failed to
show

(1)

that

reasonable

jurists

would

find

this

Court’s

“assessment of the constitutional claims debatable or wrong,” or
(2) that reasonable jurists would find “it debatable whether the
petition states a valid claim of the denial of a constitutional
right” and “debatable whether [this Court] was correct in its
procedural ruling.”

Slack v. McDaniel, 529 U.S. 473, 484 (2000).1

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Rule 11 of the Rules Governing §§ 2254 and 2255 Cases, as
amended effective on December 1, 2009, reads as follows:
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The Court therefore denies a certificate of appealability.
IT IS, THEREFORE, ORDERED AND ADJUDGED that a certificate of
appealability is DENIED.
SO ORDERED AND ADJUDGED, this the 26th day of August 2015.
__/s/ David Bramlette_
UNITED STATES DISTRICT JUDGE

(a) Certificate of Appealability. The district court
must issue or deny a certificate of appealability when
it enters a final order adverse to the applicant.
Before entering the final order, the court may direct
the parties to submit arguments on whether a
certificate should issue. If the court issues a
certificate, the court must state the specific issue or
issues that satisfy the showing required by 28 U.S.C. §
2253(c)(2). If the court denies a certificate, the
parties may not appeal the denial but may seek a
certificate from the court of appeals under Federal
Rule of Appellate Procedure 22. A motion to reconsider
a denial does not extend the time to appeal.
(b) Time to Appeal. Federal Rule of Appellate
Procedure 4(a) governs the time to appeal an order
entered under these rules. A timely notice of appeal
must be filed even if the district court issues a
certificate of appealability.

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