Sutton v. McDonough

Full title: MICKEY K. SUTTON, Petitioner, v. JAMES MCDONOUGH, Respondent.

Court: UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA GAINESVILLE DIVISION

Date published: Apr 2, 2012

CASE NO. 1:07cv64-MP-GRJ (N.D. Fla. Apr. 2, 2012)

Opinion

CASE NO. 1:07cv64-MP-GRJ

04-02-2012

MICKEY K. SUTTON, Petitioner, v. JAMES MCDONOUGH, Respondent.

M. CASEY RODGERS

ORDER

This matter is before the court on petitioner's motion to proceed on appeal in forma pauperis (doc. 48) and motion for certificate of appealability (doc. 49). For the reasons stated in the Report and Recommendation (doc. 32) and the adopting Order (doc. 39), the court finds that petitioner fails to make a substantial showing of the denial of a constitutional right and the issues are not adequate enough to deserve encouragement to proceed further. Additionally, under Fed. R. App. P. 24, the court certifies that the appeal is not taken in good faith.

Accordingly, it is now ORDERED as follows:

1. Petitioner's motion to proceed in forma pauperis (doc. 48) is DENIED.
2. Petitioner's motion for certificate of appealability (doc. 49) is DENIED.

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M. CASEY RODGERS

CHIEF UNITED STATES DISTRICT JUDGE