Holmes v. B.G. Compton

Full title: CARL JEROME HOLMES, Petitioner v. B.G. COMPTON, Respondent

Court: United States District Court, M.D. Georgia, Valdosta Division

Date published: Mar 31, 2006

No. 7:04-CV-126(HL) (M.D. Ga. Mar. 31, 2006)

Opinion

No. 7:04-CV-126(HL).

March 31, 2006

ORDER

HUGH LAWSON, District Judge

Before the Court is petitioner CARL JEROME HOLMES'S notice of appeal (Tab # 20) from the Court's March 10, 2006 order, which adopted Magistrate Judge Richard L. Hodge's recommendation that petitioner's 28 U.S.C. § 2254 motion be denied. The Eleventh Circuit Court of Appeals has mandated that the court construe petitioner's notice of appeal as an application for a certificate of appealability ("COA") pursuant to 28 U.S.C. § 2253(c). Edwards v. United States, 114 F.3d 1083 (11th Cir. 1997). Under section 2253(c), a COA may issue only if the applicant has made a substantial showing of the denial of a constitutional right. For the reasons stated in the magistrate judge's recommendation and this Court's order accepting the same, the Court finds that petitioner has not made a substantial showing of the denial of a constitutional right. 28 U.S.C. § 2253(c)(2). Accordingly, the application for a COA is DENIED.

SO ORDERED