Gordon v. State of North Carolina

Filing 6

ORDER declining to issue 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
3:12-cv-335-RJC
GREGORY LYNN GORDON,
Petitioner,
v.
NORTH CAROLINA,
Respondent.

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ORDER

THIS MATTER comes before the Court following the dismissal of Petitioner Gordon’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
Cases.
IT IS, THEREFORE, ORDERED that pursuant to Rule 11(a) of the Rules Governing
Section 2254 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