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Bofinger v. Nelson

United States District Court, M.D. Georgia, Macon Division
Apr 1, 2009
NO. 5:06-cv-108 (HL) (M.D. Ga. Apr. 1, 2009)

Opinion

NO. 5:06-cv-108 (HL).

April 1, 2009


ORDER


Before the Court is petitioner JAMES G. BOFINGER'S motion for a Certificate of Appealability ("COA"). Petitioner seeks to appeal the judgment of this Court denying his application for habeas relief under 28 U.S.C. § 2254. Under section 2253(c)(2), a COA may issue only if the applicant makes "a substantial showing of the denial of a constitutional right." This requires a petitioner to demonstrate that "reasonable jurists would find the district court's assessment of the constitutional claims debatable or wrong." See also Slack v. McDaniel , 529 U.S. 473, 478 (2000). The Court finds reasonable jurists could not find that a dismissal of petitioner's claims was debatable or wrong. Accordingly, it is hereby ORDERED that petitioner's application for a COA be DENIED.

It is further ORDERED that petitioner's motion to proceed IFP on appeal be DENIED AS MOOT.

SO ORDERED.


Summaries of

Bofinger v. Nelson

United States District Court, M.D. Georgia, Macon Division
Apr 1, 2009
NO. 5:06-cv-108 (HL) (M.D. Ga. Apr. 1, 2009)
Case details for

Bofinger v. Nelson

Case Details

Full title:JAMES G. BOFINGER, Petitioner v. Warden CYNTHIA NELSON, et al., Respondents

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

Date published: Apr 1, 2009

Citations

NO. 5:06-cv-108 (HL) (M.D. Ga. Apr. 1, 2009)