Claiborne v. Shaw

Filing 44

ORDER denying 43 Motion for Certificate of Appealability Signed by District Judge Keith Starrett on 6/25/2019 (dtj)

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

TOMMIEL CLAIBORNE

VS.

CIVIL ACTION NO. 5:17-cv-103-KS-LRA

WARDEN F. SHAW

ORDER
THIS CAUSE IS BEFORE THE COURT on Request for Certificate of
Appealability [43] filed by Tommiel Claiborne. The Court notes that a final Order [38] and
Judgment [39] were entered by this Court on January 2, 2019 finally dismissing with prejudice
the Petition of Claiborne. On the same date a Certificate of Appealability was denied by Order
[40]. Claiborne appealed to the Fifth Circuit on March 25, 2019, as noted in [41]. The Fifth
Circuit dismissed the Appeal for the reason that it was out of time, and a certified copy of the
Fifth Circuit’s Judgment and Mandate [42] are part of the record herein. The Court finds that the
Motion of Claiborne [43] has no basis and is DENIED.
SO ORDERED this the ___25th___ day of June, 2019.

___s/Keith Starrett ________________
UNITED STATES DISTRICT JUDGE