Graham v. NH State Prison, Warden

Filing 15

ORDER denying 10 Motion for Certificate of Appealability. So Ordered by Judge Joseph A. DiClerico, Jr.(dae)

UNITED STATES DISTRICT COURT FOR THE
DISTRICT OF NEW HAMPSHIRE

Melvin C. Graham
v.

Civil No. 12-cv-271-JD

New Hampshire State Prison Warden
O R D E R
Melvin Graham, proceeding pro se, sought relief pursuant to
28 U.S.C. § 2254 from his state conviction and moved to compel
the state court to enforce an order issued on November 28, 2011.
The court granted the Warden’s motion to dismiss the action as
untimely filed and denied a certificate of appealability.
Judgment was entered on December 10, 2012.
On January 14, 2013, Graham filed a motion for a certificate
of appealability.1

A certificate of appealability was denied in

the court’s prior order.

Graham has not made a substantial

showing of the denial of a constitutional right.
§ 2253(c)(2).

See 28 U.S.C.

Therefore, he is not entitled to a certificate of

appealability.

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The motion was too late to be considered as a motion for
reconsideration under Federal Rule of Civil Procedure 59(e), nor
would it meet the requirements necessary for reconsideration.

Conclusion
For the foregoing reasons, the plaintiff’s motion for a
certificate of appealability (document no. 10) is denied.

SO ORDERED.

____________________________
Joseph A. DiClerico, Jr.
United States District Judge
January 29, 2013
cc:

Melvin C. Graham #69736, pro se
Elizabeth C. Woodcock, Esquire

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