Harden v. Bowersox

Filing 40

MEMORANDUM AND ORDER : IT IS HEREBY ORDERED that Petitioner's Motion for Certificate of Appealability and Pro Se Motion for Issuance of Certificate of Probable Cause [Docs. 34 , 35 .] are DENIED. IT IS FURTHER ORDERED that Petitioner's Motions for Leave to Proceed In Forma Pauperis on Appeal are GRANTED. [Docs. 36 , 37 .]. Signed by Magistrate Judge Nannette A. Baker on 9/20/17. (KKS)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
JOSEPH HARDEN,
Petitioner,
v.
MICHAEL BOWERSOX,
Respondent.

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Case No. 4:14-CV-383 NAB

MEMORANDUM AND ORDER
This closed matter is before the court on Petitioner Joseph Harden’s Motion for
Certificate of Appealability [Doc. 34.], Pro Se Motion for Issuance of Certificate of Probable
Cause [Doc. 35.], and Motions for Leave to Appeal in Forma Pauperis [Docs. 36, 37.].
The Court will grant Petitioner’s motions for leave to proceed in forma pauperis on
appeal. [Docs. 36, 37.] The Court has previously stated that it will not issue a certificate of
appealability on Petitioner’s convictions for first degree murder and the related armed criminal
action charge for the reasons stated in the Memorandum and Order of April 12, 2017. [Doc. 15.]
Therefore, Petitioner’s Motion for Certificate of Appealability and Motion for Issuance of
Certificate of Probable Cause on his cross-appeal will be denied.
Accordingly,
IT IS HEREBY ORDERED that Petitioner’s Motion for Certificate of Appealability and

Pro Se Motion for Issuance of Certificate of Probable Cause [Docs. 34, 35.] are DENIED.

IT IS FURTHER ORDERED that Petitioner’s Motions for Leave to Proceed In Forma
Pauperis on Appeal are GRANTED. [Docs. 36, 37.]

Dated this 20th day of September, 2017.

/s/ Nannette A. Baker
NANNETTE A. BAKER
UNITED STATES MAGISTRATE JUDGE

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