Chambers v. Wallace

Filing 40

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Petitioner's Motion for Certificate of Appealability (ECF No. 33 ) is DENIED. IT IS FURTHER ORDERED that Petitioner's Motion for Leave to Appeal In Forma Pauperis (ECF No. 35 ) is GRANTED. Signed by District Judge Ronnie L. White on February 9, 2017. (BRP)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
CHARLES CHAMBERS,
Petitioner,
v.
JAY CASSADY, et al. ,
Respondents.

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No. 4:13CV2212 RLW

MEMORANDUM AND ORDER
This matter is before the Court on Petitioner Charles Chambers ' Motion for Certificate of
Appealability (ECF No. 33) and Motion for Leave to Appeal In Forma Pauperis (ECF No. 35).
On January 19, 2017, this Court entered an order denying Mr. Chambers ' Petition for a
Writ of Habeas Corpus. (ECF No. 31) The order further denied Petitioner a certificate of
appealability. "A certificate of appealability may issue ... only if the applicant has made a
substantial showing of the denial of a constitutional right" and has "indicate[ d] which specific
issue or issues satisfy the showing required .... " 28 U.S .C. § 2253(c)(2) & (3). Further, "the
habeas petitioner ' must demonstrate that the issues are debatable among jurists of reason; that a
court could resolve the issues [in a different manner] ; or that the questions are adequate to
deserve encouragement to proceed further. "' Randoph v. Kemna, 276 F.3d 401, 403 n.1 (8th Cir.
2002) (quoting Barefoot v. Estelle, 463 U.S. 880, 893 n.4 (1983) (citations omitted)). As the
Court concluded in its Memorandum and Order of January 19, 2017, Petitioner has not met this
standard. Thus, Petitioner' s Motion for Certificate of Appealabilty will be denied.
Petitioner also seeks leave to proceed in forma pauperis. Upon review of the record, the
Court notes that Petitioner was previously found to be financially unable to pay the filing fee in

this Court. (ECF No. 7) Therefore, the Court will grant Petitioner's motion to appeal in forma
paupens.
Accordingly,

IT IS HEREBY ORDERED that Petitioner's Motion for Certificate of Appealability
(ECF No. 33) is DENIED.

IT IS FURTHER ORDERED that Petitioner' s Motion for Leave to Appeal In Forma
Pauperis (ECF No. 35) is GRANTED.
Dated this 9th day of February, 2017.

RONNIE L. WHITE
UNITED STATES DISTRICT JUDGE

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