United States v. Womack

7:00-cr-00012 | M.D. Ga. | Nov 30, 2010

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA VALDOSTA DIVISION : JOHN L. PERRY, : : Petitioner : : VS. : : NO. 7:00-CR-12 (HL) UNITED STATES OF AMERICA, : : Respondent : ORDER _____________________________________ Before the Court is petitioner JOHN L. PERRY’S notice of appeal (Tab # 635) and request for a Certificate of Appealability (“COA”) (Tab # 636), from the Court’s order that petitioner’s 28 U.S.C. § 2255 motion be denied. Under section 2253(c)(2), a COA may issue only if the applicant makes “a substantial showing of the denial of a constitutional right.” This requires a petitioner to demonstrate that “reasonable jurists would find the district court’s assessment of the constitutional claims debatable or wrong.” See Slack v. McDaniel, 529 U.S. 473, 478 (2000). For the reasons stated in Magistrate Judge G. Mallon Faircloth’s March 19, 2010, recommendation (Tab # 559) and this Court’s September 20, 2010 order (Tab # 607) accepting the same, the Court concludes reasonable jurists could not find that a dismissal of petitioner’s claims was debatable or wrong. Accordingly, it is hereby ORDERED that petitioner’s application for a COA be DENIED. It is further ORDERED that petitioner’s motion to proceed IFP on appeal (Tab # 637) be DENIED AS MOOT. SO ORDERED, this 30th day of November, 2010. s/ Hugh Lawson HUGH LAWSON UNITED STATES DISTRICT JUDGE cr