Brown v. Cooper

Filing 17

ORDER dismissing as moot 12 Motion for Certificate of Appealability. Signed by District Judge Robert J. Conrad, Jr on 1/15/2014. (Pro se litigant served by US Mail.)(cbb)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
STATESVILLE DIVISION
5:13-cv-74-RJC
MARCUS RANDALL BROWN,
Petitioner,
v.

ROY COOPER,
Respondent.

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ORDER

THIS MATTER is before the Court on Petitioner’s motion for certificate of
appealability.
On October 4, 2013, this Court denied and dismissed Petitioner’s petition for a writ of
coram nobis, filed pursuant to 28 U.S.C. § 1651, and his petition for habeas corpus relief, filed
pursuant to 28 U.S.C. § 2254. The Court declined to issue a certificate of appealability and
Petitioner filed a notice of appeal. October 23, 2013, the Fourth Circuit affirmed the denial of
relief under § 1651, and dismissed Petitioner’s appeal and likewise found that Petitioner had
failed to meet the threshold for the issuance of a certificate of appealability. The Court finds that
as the Fourth Circuit has declined to issue a certificate of appealability, Petitioner’s present
motion should be dismissed as moot.
IT IS, THEREFORE, ORDERED that Petitioner’s motion for a certificate of
appealability is DISMISSED as moot. (Doc. No. 12).
Signed: January 15, 2014