3:06-cv-00029 | E.D. Ky. | Feb 5, 2007
Case: 3:06-cv-00029-KKC-JGW Doc #: 20 Filed: 02/05/07 Page: 1 of 2 - Page ID#: 189
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF KENTUCKY CENTRAL DIVISION at FRANKFORT
CIVIL ACTION NO. 6-29-KKC JEFFERY L. CARPENTER, PETITIONER, vs. OPINION AND ORDER JOHN MOTLEY, Warden, RESPONDENT.
* * * * * * * * On January 4, 2007, this Court issued an opinion and order denying Carpenter’s Petition for Writ of Habeas Corpus and adopting the Report and Recommendation of the Magistrate Judge. This matter is now before the Court on Carpenter’s Motion for Certificate of Appealability [Rec. No. 17] and Motion for Leave to Appeal In Forma Pauperis [Rec. No. 16]. For the following reasons, the Court will DENY both motions.
A Certificate of Appealability (“COA”) may be issued “only if the applicant has made a substantial showing of the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2). The substantial showing threshold is satisfied when a petitioner demonstrates “that reasonable jurists would find the district court’s assessment of the constitutional claims debatable or wrong.” Slack v. McDaniel , 529 U.S. 473" date_filed="2000-04-26" court="SCOTUS" case_name="Slack v. McDaniel">529 U.S. 473, 484 (2000).
In its Opinion and Order, the Court adopted the Report and Recommendation of the Magistrate Judge recommending that Carpenter’s petition be denied as to each issue raised. For all the reasons stated in the Report and Recommendation, the Court concludes that reasonable jurists would not find the district court's assessment of the constitutional claims debatable or wrong.
Accordingly, the Court hereby ORDERS as follows: Case: 3:06-cv-00029-KKC-JGW Doc #: 20 Filed: 02/05/07 Page: 2 of 2 - Page ID#: 190 (1) Carpenter’s Motion for Certificate of Appealability is DENIED [Rec. No. 17], (2) Carpenter’s Motion for Leave to Appeal In Forma Pauperis is DENIED [Rec. No.
16], (3) this matter is stricken from the active docket of this Court. th This the 5 day of February, 2007.