Opinion
CIVIL ACTION NO. 12-02039
11-28-2012
LYNN BESS, III v. LOUISIANA STATE PENITENTIARY
JUDGE ROBERT G. JAMES
MAG. JUDGE KAREN L. HAYES
ORDER ON CERTIFICATE OF APPEALABILITY
Pending before the Court is Petitioner Lynn Bess, Ill's Petition for Writ of Habeas Corpus [Doc. Nos. 1 & 9], filed pursuant to 28 U.S.C. § 2254. No final judgment has issued on that Petition.
On September 6, 2012, Magistrate Judge Karen L. Hayes issued a Memorandum Order [Doc. No. 8] denying Plaintiff's Motion for Reconsideration [Doc. No. 6] of the Order [Doc. No. 5] denying his Motion for Appointment of Counsel [Doc. No. 4]. On October 5, 2012, Petitioner appealed the Magistrate Judge's Order to the undersigned. [Doc. No. 14]. After considering the reasoning in the Magistrate Judge's two Memorandum Orders [Doc. Nos. 5 & 8], and finding the reason was neither clearly erroneous nor contrary to law, on November 5, 2012, the Court denied Petitioner's appeal and affirmed the September 6, 2012 Memorandum Order. [Doc. No. 17]. On November 26, 2012, the Clerk of Court received and docketed Petitioner's Notice of Appeal [Doc. No. 19] of the Court's November 5, 2012 Order.
Since the underlying matter is a habeas Petition, Petitioner is required to obtain a Certificate of Appealability, either from this Court or from the United States Court of Appeal for the Fifth Circuit, if he wishes to appeal a final judgment. However, there is no final judgment in place in this case. Nor has Petitioner made a substantial showing of the denial of a constitutional right. Therefore,
IT IS ORDERED that a Certificate of Appealability [Doc. No. 21] is DENIED.
MONROE, LOUISIANA, this 28 day of November, 2012.
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ROBERT G. JAMES
UNITED STATES DISTRICT JUDGE