Opinion
No. 2:06-cv-1876 RRB GGH P No. 2:10-cv-2316 RRB GGH P
02-11-2013
ANTHONY M. BLACKWELL, Petitioner, v. RODERICK Q. HICKMAN, Respondent. ANTHONY M. BLACKWELL, Petitioner, v. JAMES WALKER, Respondent.
ORDER
Petitioner in both cases, a state prisoner proceeding pro se, has timely filed a notice of appeal of this court's September 12, 2012 denial of his application for a writ of habeas corpus. Before petitioner can appeal this decision, a certificate of appealability must issue. 28 U.S.C. § 2253(c); Fed. R. App. P. 22(b).
A certificate of appealability may issue under 28 U.S.C. § 2253 "only if the applicant has made a substantial showing of the denial of a constitutional right." 28 U.S.C. § 2253(c)(2). The court must either issue a certificate of appealability indicating which issues satisfy the required showing or must state the reasons why such a certificate should not issue. Fed. R. App. P. 22(b).
For the reasons set forth in the magistrate judge's September 12, 2012 findings and recommendations, petitioner has not made a substantial showing of the denial of a constitutional right. Accordingly, a certificate of appealability should not issue in this action.
IT IS SO ORDERED this 11th day of February, 2013.
RALPH R. BEISTLINE
UNITED STATES DISTRICT JUDGE