Opinion
CASE NO. 2:06-10139.
June 13, 2007
ORDER
This matter is pending before the Court on Petitioner's notice of appeal. The Court must treat the notice of appeal as an application for a certificate of appealability. Slack v. McDaniel, 529 U.S. 473, 483 (2000).
"In a habeas corpus proceeding in which the detention complained of arises from process issued by a state court . . ., the applicant cannot take an appeal unless" a certificate of appealability is issued under 28 U.S.C. § 2253(c). FED. R. APP. P. 22(b)(1). A certificate of appealability may be issued "only if the applicant has made a substantial showing of the denial of a constitutional right." 28 U.S.C. § 2253(c)(2). In order to make such a substantial showing, a petitioner must show that "reasonable jurists would find the district court's assessment of the constitutional claims debatable or wrong." Slack v. McDaniel, 529 U.S. at 484. When the district court denies a habeas petition on procedural grounds without reaching the prisoner's underlying constitutional claims, a petitioner must show that reasonable jurists "would find it debatable whether the petition states a valid claim of the denial of a constitutional right and that jurists of reason would find it debatable whether the district court was correct in its procedural ruling." Id.
The Court must individually evaluate each issue raised by Petitioner, see Murphy v. Ohio, 263 F.3d 466, 467 (6th Cir. 2001), and shall specify the issue or issues upon which Petitioner has made a substantial showing of the denial of a constitutional right. See 28 U.S.C. § 2253(c)(2). If the Court declines to issue a certificate of appealability, it must state why it is declining to issue one. See FED. R. APP. P. 22(b)(1).
The Court dismissed the habeas petition because the claims were time-barred, procedurally defaulted, and without merit. Reasonable jurists would not debate the Court's assessment of Petitioner's claims or its procedural ruling. Consequently, the Court declines to grant a certificate of appealability on any issue presented. Petitioner, nevertheless, may proceed in forma pauperis on appeal without further authorization because he was granted in forma pauperis status in the District Court. FED. R. APP. P. 24(a)(3).
IT IS SO ORDERED.