Weeks v. Delo
ORDER IT IS HEREBY ORDERED that petitioners Motion for Leave to Proceed In Forma Pauperis on Appeal is GRANTED. [Doc. 64] IT IS FURTHER ORDERED that petitioners Application for Certificate of Appealability is DENIED. [Doc. 63]. Signed by District Judge Charles A. Shaw on 3/26/13. (JWJ)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
RUBIN R. WEEKS,
No. 4:94-CV-1704 CAS
This matter is before the Court on petitioner Rubin R. Weeks’s pro se Motion for Leave to
Proceed In Forma Pauperis on Appeal. Based on the information contained in petitioner’s financial
affidavit, and the fact petitioner has remained incarcerated throughout this proceeding, the Court
finds the motion should be granted.
Also pending before the Court is petitioner’s pro se application for a certificate of
appealabilty. The Court denied petitioner a certificate of appealability in its Memorandum and
Order dated March 5, 2013. Petitioner has presented nothing in his motion or exhibits that causes
the Court to reconsider its denial. Petitioner has not made (i) a substantial showing of the denial of
a constitutional right, such that reasonable jurists would find the Court’s assessment of the
constitutional claims debatable, or that the issues presented were adequate to deserve encouragement
to proceed further, Miller-El v. Cockrell, 537 U.S. 322, 336 (2003), or (ii) a showing that reasonable
jurists would find it debatable whether the Court’s procedural rulings are correct. See Slack v.
McDaniel, 529 U.S. 473, 484-85 (2000). Movant may seek a certificate of appealability from the
Eighth Circuit Court of Appeals.
IT IS HEREBY ORDERED that petitioner’s Motion for Leave to Proceed In Forma
Pauperis on Appeal is GRANTED. [Doc. 64]
IT IS FURTHER ORDERED that petitioner’s Application for Certificate of Appealability
is DENIED. [Doc. 63]
CHARLES A. SHAW
UNITED STATES DISTRICT JUDGE
Dated this 26th day of March, 2013.
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