Lightner v. USA

Filing 8

ORDER declining to issue certifate of appealability re 2 Order. Signed by District Judge Frank D. Whitney on 12/5/12. (Pro se litigant served by US Mail.)(bsw)

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IN THE DISTRICT COURT OF THE UNITED STATES FOR THE WESTERN DISTRICT OF NORTH CAROLINA CHARLOTTE DIVISION 3:12-cv-544-FDW (3:93-cr-133-FDW-2) DAVID FITZGERALD LIGHTNER, ) ) Petitioner, ) ) vs. ) ) UNITED STATES OF AMERICA, ) ) Respondent. ) ____________________________________) ORDER This matter is on limited remand from the Fourth Circuit Court of Appeals with instructions for this Court to supplement the record with an Order regarding a certificate of appealability as to the Court’s Order dated September 14, 2012, denying Petitioner’s Motion to Vacate, Set Aside, or Correct Sentence. IT IS ORDERED that pursuant to Rule 11(a) of the Rules Governing Section 2254 and Section 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: December 5, 2012

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