Williams v. Norman

Filing 22

MEMORANDUM AND ORDER : IT IS HEREBY ORDERED that petitioner's motion to proceed in forma pauperis on appeal is GRANTED. IT IS FURTHER ORDERED that petitioner's motion for a certificate of appealability is DENIED.. Signed by District Judge Rodney W. Sippel on 11/29/17. (LGK)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
SHAWN K. WILLIAMS,
Petitioner,
v.
JEFF NORMAN,

Respondent.

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No. 4:17 CV 2223 RWS

MEMORANDUM AND ORDER
Before the Court are petitioner’s motions to proceed in forma pauperis on appeal and for
certificate of appealability [#19]. Petitioner has previously been granted leave to proceed in
forma pauperis in this matter, as such, his motion to proceed in forma pauperis on appeal will be
granted.
Also before the Court is petitioner’s motion for certificate of appealability. Petitioner has
failed to make (1) a showing that reasonable jurists would find it debatable whether the Court=s
procedural ruling was correct, see Slack v. McDaniel, 529 U.S. 473, 484-85 (2000), or (2) 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). Thus, the Court will not issue a certificate of appealability. 28 U.S.C. § 2253(c).
Accordingly,
IT IS HEREBY ORDERED that petitioner’s motion to proceed in forma pauperis on
appeal is GRANTED.

IT IS FURTHER ORDERED that petitioner’s motion for a certificate of appealability
is DENIED.
Dated this 29th day of November, 2017.

RODNEY W. SIPPEL
UNITED STATES DISTRICT JUDGE

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