Gray v. Dormire

Filing 41

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that petitioner's motion for leave to proceed in forma pauperis Doc. 38 is GRANTED. IT IS FURTHER ORDERED that petitioner's motion for certificate of appealability Doc. 40 is GRANTED in part. IT IS FURTHER ORDERED that the Court hereby issues a certificate of appealability on grounds one and two of the petition. Signed by District Judge Rodney W. Sippel on 10/16/12. (ARL)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
KENNETH GRAY,
Petitioner,
v.
JEFF NORMAN,
Respondent.

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No. 4:09-CV-1355 RWS

MEMORANDUM AND ORDER
This matter comes before me on petitioner’s motion for leave to proceed in
forma pauperis on appeal and motion for certificate of appealability. Both motions
will be granted.
I have reviewed petitioner’s motion for certificate of appealability, and I now
find that “jurists of reason would find it debatable whether the petition states a valid
claim of the denial of a constitutional right” on grounds one and two of the petition.
Khaimov v. Crist, 297 F.3d 783, 785 (8th Cir. 2002) (quotation omitted). As a result,
I will issue a certificate of appealability on these two grounds. 28 U.S.C. § 2253(c).
Accordingly,
IT IS HEREBY ORDERED that petitioner’s motion for leave to proceed in
forma pauperis [Doc. 38] is GRANTED.

IT IS FURTHER ORDERED that petitioner’s motion for certificate of
appealability [Doc. 40] is GRANTED in part.
IT IS FURTHER ORDERED that the Court hereby issues a certificate of
appealability on grounds one and two of the petition.
Dated this 16th day of October, 2012.

RODNEY W. SIPPEL
UNITED STATES DISTRICT JUDGE

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