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.)

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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. ) ) ) ) ) ) ) ) ) ) ) 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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