Opinion
CIVIL ACTION NO. 16-12067 SECTION "R" (3)
07-25-2017
KENNETH FRANCIS v. JERRY GOODWIN, WARDEN
ORDER AND REASONS
The Court dismissed Kenneth Francis's petition for habeas corpus relief and denied petitioner's motion to proceed in forma pauperis on appeal. The Court now denies a certificate of appealability.
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Rule 11 of the Rules Governing Section 2254 Proceedings provides that "[t]he district court must issue or deny a certificate of appealability when it enters a final order adverse to the applicant. Before entering the final order, the court may direct the parties to submit arguments on whether a certificate should issue." Rules Governing Section 2254 Proceedings, Rule 11(a). A court may issue a certificate of appealability only if the petitioner makes "a substantial showing of the denial of a constitutional right." 28 U.S.C. § 2253(c)(2); Rules Governing Section 2254 Proceedings, Rule 11(a) (noting that § 2253(c)(2) supplies the controlling standard). The "controlling standard" for a certificate of appealability requires the petitioner to show "that reasonable jurists could debate whether (or, for that matter, agree that) the petition should have been resolved in a different manner or that the issues presented [are] 'adequate to deserve encouragement to proceed further.'" Miller-El v. Cockrell, 537 U.S. 322, 336 (2003).
For the reasons articulated in the Court's order denying leave to proceed in forma pauperis, Francis has not made a substantial showing of the denial of a constitutional right. The Court will not issue a certificate of appealability.
New Orleans, Louisiana, this 25th day of July, 2017.
/s/_________
SARAH S. VANCE
UNITED STATES DISTRICT JUDGE