Tolbert v. Neely

Filing 6

ORDER: Court declines to issue certificate of appealability. Signed by Chief Judge Robert J. Conrad, Jr on 3/5/2012. (Pro se litigant served by US Mail.) (tmg)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
3:11-cv-347-RJC
ERIC LAMAR TOLBERT,
Petitioner,
v.
RICHARD NEELY,
Respondent.

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ORDER

THIS MATTER comes before the Court following its March 5, 2010 Order dismissing
Petitioner Eric Lamar Tolbert’s (“Petitioner”) Petition under 28 U.S.C. § 2254 for Writ of
Habeas Corpus, (Doc. No. 1). (Doc. No. 4).
Under Rule 11(a) of the Rules Governing Section 2254 Cases, this Court “must issue or
deny a certificate of appealability when it enters a final order adverse to the applicant.” 28
U.S.C.A. foll. § 2254, Rule 11(a).
IT IS, THEREFORE, ORDERED that:
1.

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: March 5, 2012

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