Douglas v. State of Tennessee
Filing
51
ORDER DENYING 46 PETITIONER'S MOTION FOR CERTIFICATE OF APPEALABILITY. Signed by Chief Judge J. Daniel Breen on 9/22/15. (Breen, J.)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TENNESSEE
EASTERN DIVISION
JEFFREY GAYLON DOUGLAS,
Petitioner,
v.
HENRY STEWARD,
Warden of NWCX,
Respondent.
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No. 13-1129
ORDER DENYING PETITIONER’S MOTION FOR
CERTIFICATE OF APPEALABILITY
On February 4, 2015, Petitioner, Jeffrey Gaylon Douglas, filed a Motion for Certificate of
Appealability (“COA”).
(Docket Entry (“D.E.”) 46.)
A COA may only be issued if the
applicant has made a substantial showing of a denial of a “constitutional” right. See 28 U.S.C.
§ 2253(c)(2); Tennard v. Dretke, 542 U.S. 274, 282 (2004); Harbison v. Bell, 503 F.3d 566, 568
(6th Cir. 2007), rev’d on other grounds, 556 U.S. 180 (2009). This motion is not appropriate at
this time because the Court has not yet reached the merits of the petition. Accordingly, Douglas’
motion is DENIED.
IT IS SO ORDERED this 22nd day of September 2015.
s/ J. DANIEL BREEN
CHIEF UNITED STATES DISTRICT JUDGE
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