Thompson v. Nebraska Department of Corrections et al
MEMORANDUM AND ORDER - The court will not issue a certificate of appealability in this matter. Because Petitioner was allowed to proceed in forma pauperis in this matter, he may proceed on appeal in forma pauperis without further authorization from this court. Fed. R. App. P. 24(a)(3). Ordered by Chief Judge Laurie Smith Camp. (Copy mailed to pro se party)(GJG)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
LARRY A. THOMPSON,
NEBRASKA DEPARTMENT OF
CORRECTIONS, ROBERT P.
HOUSTON, Director Department of
Corrections, and FRED BRITTEN,
Warden Tecumseh State Corr. Inst.,
CASE NO. 8:12CV191
This matter is before the court on its own motion. On October 18, 2012, the court
dismissed Petitioner’s habeas corpus claims with prejudice and entered judgment against
him. (Filing Nos. 15 and 16.) Thereafter, Petitioner filed a timely Notice of Appeal of the
court’s Judgment. (Filing No. 19.) To date, Petitioner has not filed a Motion for Certificate
A petitioner cannot appeal an adverse ruling on his petition for writ of habeas corpus
under § 2254 unless he is granted a certificate of appealability. 28 U.S.C. § 2253(c)(1);
Fed. R. App. P. 22(b)(1). A certificate of appealability cannot be granted unless the
petitioner “has made a substantial showing of the denial of a constitutional right.” 28
U.S.C. § 2253(c)(2). To make such a showing, “[t]he petitioner must demonstrate that
reasonable jurists would find the district court’s assessment of the constitutional claims
debatable or wrong.” Slack v. Daniel, 529 U.S. 473, 484 (2000).
Petitioner failed to make a substantial showing of the denial of a constitutional right
in his Petition. The court is not persuaded that the issues raised in the Petition and
Amended Petition are debatable among reasonable jurists, that a court could resolve the
issues differently, or that the issues deserve further proceedings. Accordingly, the court
will not issue a certificate of appealability in this case.
IT IS THEREFORE ORDERED that:
The court will not issue a certificate of appealability in this matter; and
Because Petitioner was allowed to proceed in forma pauperis in this matter,
he may proceed on appeal in forma pauperis without further authorization
from this court. Fed. R. App. P. 24(a)(3).
DATED this 1st day of April, 2013.
BY THE COURT:
s/Laurie Smith Camp
Chief United States District Judge
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