Jones v. Johns
Filing
6
ORDER declining to issue a certificate of appealability. Signed by Chief Judge Robert J. Conrad, Jr on 8/21/12. (Pro se litigant served by US Mail.)(bsw)
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
3:11-cv-305-RJC
JAMES D. JONES,
Petitioner,
v.
TRACY W. JOHNS,
Respondent.
)
)
)
)
)
)
)
)
)
)
)
ORDER
THIS MATTER comes before the Court following the dismissal of Petitioner Jones’s
habeas petition. “The district court must issue or deny a certificate of appealability when it
enters a final order adverse to the applicant.” Rule 11(a) of the Rules Governing Section 2254
and 2255 Cases.
IT IS, THEREFORE, ORDERED that pursuant to Rule 11(a) of the Rules Governing
Section 2254 and 2255 Cases, this Court declines to issue a certificate of appealability. See 28
U.S.C. § 2253(c)(2); Miller–El v. Cockrell, 537 U.S. 322, 338 (2003) (in order to satisfy §
2253(c), a petitioner must demonstrate that reasonable jurists would find the district court's
assessment of the constitutional claims debatable or wrong); Slack v. McDaniel, 529 U.S. 473,
484 (2000) (when relief is denied on procedural grounds, a petitioner must establish both that the
dispositive procedural ruling is debatable and that the petition states a debatable claim of the
denial of a constitutional right).
Signed: August 21, 2012
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?