Worthy v. Hurley

Filing 8

MEMORANDUM AND ORDER re: 7 MOTION for Certificate of Appealability filed by Petitioner Julius Worthy; motion is DENIED. Signed by District Judge Stephen N. Limbaugh, Jr on 12/17/15. (CSG)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION JULIUS WORTHY, ) ) ) ) ) ) ) ) ) Petitioner, v. JAMES HURLEY, Respondent, No. 4:15CV1503 SNLJ MEMORANDUM AND ORDER Before the Court is petitioner’s post-dismissal request for a certificate of appealability. The Court dismissed petitioner’s habeas petition on October 26, 2015, as time-barred and denied him a certificate of appealability on that date. If a federal court denies a habeas application on procedural grounds without reaching the underlying constitutional claims, the court is not required to issue a certificate of appealability unless the petitioner demonstrates that jurists of reason would find it debatable: (1) whether the application states a valid claim of the denial of a constitutional right; and (2) whether the court was correct in its procedural ruling. Slack v. McDaniel, 529 U.S. 473, 484 (2000). The Court finds that petitioner has not shown that jurists of reason would find it debatable that his application states a valid claim of the denial of a constitutional right. As such, the Court will deny his application for certificate of appealability. Accordingly, IT IS HEREBY ORDERED that petitioner’s request for certificate of appealability [Doc. #7] is DENIED. Dated this 17th day of December, 2015. STEPHEN N. LIMBAUGH, JR. UNITED STATES DISTRICT JUDGE 2

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