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
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