Gause v. Cooper

Filing 59

ORDER granting 58 Motion for Certificate of Appealability. Signed by Chief Judge Frank D. Whitney on 2/27/17. (Pro se litigant served by US Mail.)(clc)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
3:16cv631-FDW
WALTER TIMOTHY GAUSE,
Petitioner,
v.
FRANK L. PERRY,
Respondent.

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ORDER

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THIS MATTER is before the Court upon Petitioner’s pro se Motion for a Certificate of
Appealability, filed on February 27, 2017. (Doc. No. 58.)
On February 13, 2017, the Court entered an Order denying and dismissing Petitioner’s
Petition for Writ of Habeas Corpus, 28 U.S.C. § 2254, and granting Respondent’s Motion for
Summary Judgment. (Doc. No. 49.) In that Order, the Court declined to grant Petitioner a
certificate of appealability. (Doc. 49 at 19-20.) Therefore, the Court will construe Petitioner’s
Motion for a Certificate of Appealability as a notice of appeal, and direct the Clerk of Court to
forward it to the Fourth Circuit Court of Appeals.
IT IS, THEREFORE, ORDERED that Petitioner’s Motion for a Certificate of
Appealability (Doc. No. 58) shall be construed as a Notice of Appeal, and the Clerk of Court
shall forward it and the electronic record in this action to the Fourth Circuit Court of Appeals.

Signed: February 27, 2017