Opinion
No. 2:04-CV-0060.
August 17, 2004
ORDER ADOPTING RECOMMENDATION TO DENY MOTIONS FOR LEAVE TO APPEAL AND TO DENY ISSUANCE OF A CERTIFICATE OF APPEALABILITY
Petitioner MICHAEL LOU GARRET has filed two (2) Notices of Appeal, two (2) motions for leave to appeal, and two (2) petitions for certificate of appealability in this case in which the detention complained of arises out of process issued by a State court. On August 2, 2004, the United States Magistrate Judge entered a Recommendation to the United States District Judge recommending therein that no certificate of appealability issue, that petitioner's petitions for certificate of appealability be denied, and that the motions for leave to appeal be denied. On August 10, 2004, petitioner filed objections to the Recommendation.
Having considered the record in this case, the undersigned is of the opinion the Magistrate's Recommendation should be adopted. Petitioner has not made a prima facie showing for issuance of a certificate of appealability under 28 U.S.C. § 2253(c)(1), viz., a substantial showing of the denial of a constitutional right. Consequently, for this reason, and for the reasons stated in the Recommendation, defendant's motions for leave to appeal and petitions for certificate of appealability are hereby denied. Issuance of a Certificate of Appealability is denied.
The Magistrate's Recommendation, however, is modified to omit the word "another" on line 5 of paragraph II, word 7, and substitute the word "this."
IT IS SO ORDERED.