Opinion
CASE NO. 2:11-14825
12-23-2013
ALBERT ANDERSON, Petitioner, v. LLOYD RAPELJE, Respondent.
HONORABLE PAUL D. BORMAN
UNITED STATES DISTRICT JUDGE
OPINION AND ORDER DENYING THE
MOTION FOR A CERTIFICATE OF APPEALABILITY
On July 9, 2012, this Court denied petitioner's habeas application that had been brought pursuant to 28 U.S.C. § 2254 and also denied petitioner a certificate of appealability and leave to appeal in forma pauperis. Anderson v. Rapelje, No. 2:11-CV-14825; 2012 WL 2720165 (E.D. Mich. July 9, 2012). The United States Court of Appeals for the Sixth Circuit subsequently denied petitioner's application for a certificate of appealability, his motion for leave to proceed in forma pauperis, and dismissed the appeal. Anderson v. Rapelje, No. 12-2293 (6 Cir. September 18, 2013).
Pending before the Court is petitioner's "Motion Addressing Why the Court Should Issue a Certificate of Appealability."
In light of the fact that the Sixth Circuit has denied petitioner a certificate of appealability and dismissed petitioner's appeal, the motion for a certificate of appealability will be denied as moot. See Woodberry v. Bruce, 203 F. App'x. 186, 189 (10 Cir. 2006). The Sixth Circuit's denial of petitioner's motion for a certificate of appealability and the dismissal of petitioner's prior appeal divested this Court of any power to grant petitioner a certificate of appealability on the issues he previously appealed and lost on before the Sixth Circuit. Id.
IT IS ORDERED that Petitioner's "Motion Addressing Why the Court Should Issue a Certificate of Appealability" [Dkt. # 19] is DENIED AS MOOT. SO ORDERED.
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PAUL D. BORMAN
UNITED STATES DISTRICT JUDGE
CERTIFICATE OF SERVICE
The undersigned certifies that a copy of the foregoing order was served upon each attorney or party of record herein by electronic means or first class U.S. mail on December 23, 2013.
Deborah Tofil
Case Manager