Lewis v. Mills

Filing 39

ORDER: Petitioner's application for a certificate of appealability 36 is hereby DENIED. Having denied petitioner's request for a certificate of appealability, the Court certifies that the appeal is not being taken in good faith. Therefore, petitioners application to proceed on appeal in forma pauperis 38 is also DENIED. Signed by District Judge Aleta A. Trauger on 3/13/12. (xc:Pro se party by regular and certified mail.)(dt)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF TENNESSEE
NORTHEASTERN DIVISION

JOHNNY LEE LEWIS
Petitioner,

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v.
DAVID MILLS, WARDEN
Respondent.

No. 2:11-0049
Judge Trauger

O R D E R
On February 9, 2012, an order (Docket Entry No.32) was entered
dismissing the instant § 2254 habeas corpus action. Rule 8(a),
Rules - - § 2254 Cases.
Since the entry of this order, the petitioner has filed a
Notice of Appeal (Docket Entry No.36), an application for a
certificate

of

appealability

(Docket

Entry

No.37),

and

an

application to proceed on appeal in forma pauperis (Docket Entry
No.38).
The petitioner has cited three claims for review on appeal.
However, jurists of reason would not find that these claims were
dismissed in error. Accordingly, petitioner’s application for a
certificate of appealability is hereby DENIED.
Having

denied

petitioner’s

request

for

a

certificate

of

appealability, the Court certifies that the appeal is not being
taken in good faith. Therefore, petitioner’s application to proceed

on appeal in forma pauperis is also DENIED. 28 U.S.C. § 1915(a)(3).
It is so ORDERED.

_____________________________
Aleta A. Trauger
United States District Judge