White v. USA

Filing 41

ORDER signed by Judge J P Stadtmueller on 9/27/10 denying 40 petitioner's Motion to Alter or Amend Judgment. (cc: petitioner, all counsel) (nm)

W h i t e v. USA

D o c . 41

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WISCONSIN
____________________________________________ J O H N N Y RAY W H IT E , P e t it io n e r , v. U N IT E D STATES OF AMERICA, R e s p o n d e n t. ____________________________________________ Case No. 07-CV-262

ORDER
O n September 16, 2010, the petitioner filed a motion for the court to "alter" its S e p te m b e r 9, 2010 order denying the petitioner's motion for leave to appeal in forma p a u p e ris and denying the petitioner's request for a certificate of appealability. (D o c k e t #40). The crux of the petitioner's latest submission is that the court erred in denying the petitioner's request for a certificate of appealability, as the court fra m e d the request as an "implied request." The court did this, as the order was iss u e d , before the clerk's office docketed Mr. W h ite 's formal request for a certificate o f appealability. However, there was no error in the court denying the certificate of a p p e a la b ility , regardless of whether the request was implicit or explicit. As the court s tate d in several of its previous orders, including the September 9, 2010 order, Mr. W h ite is attempting to relitigate the denial of his 28 U.S.C. § 2255 motion that was iss u e d by this court two and half years ago and summarily affirmed by the Seventh C irc u it shortly thereafter. Mr. W h ite 's request is utterly frivolous: he has not come c lo s e to making a "substantial showing of the denial of a constitutional right," Walker

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v . O'Brien, 216 F.3d 626, 632 (7th Cir. 2000), and the court will deny his motion. Similar motions made by Mr. W h ite to this court will henceforth be summarily denied a s to prevent the court expending any more of its limited resources on the p e titio n e r's meritless motions. Accordingly, IT IS ORDERED that the petitioner's motion to "alter or amend judgment" (D o c k e t #40) be and the same is hereby DENIED. D a te d at Milwaukee, W is c o n s in , this 27th day of September, 2010. BY THE COURT:

J .P . Stadtmueller U .S . District Judge

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