Opinion
Civil No. 2:10-CV-11252
05-24-2016
DENNIS ANTHONY HALL, Petitioner, v. STEVEN RIVARD, Respondent
OPINION AND ORDER DENYING MOTION FOR A CERTIFICATE OF APPEALABILITY [Dkt. # 34]
On March 31, 2016, this Court denied the petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254, declined to issue a certificate of appealability, but granted petitioner leave to appeal in forma pauperis. Hall v. Rivard, No. 2:10-CV-11252, 2016 WL 1258990 (E.D. Mich. Mar. 31, 2016). On April 25, 2016, petitioner filed a notice of appeal. [Dkt. # 31]. Petitioner has now filed a motion for a certificate of appealability.
Under the "prison mailbox rule," petitioner's notice of appeal was filed on April 25, 2016, the date that it was signed and dated by petitioner. Houston v. Lack, 487 U.S. 266, 270-71 (1988). --------
This Court already denied petitioner a certificate of appealability. [Dkt. #26 and 33] The proper procedure when a district court denies a certificate of appealability is for the petitioner to file a motion for a certificate of appealability before the appellate court in the appeal from the judgment denying the petition for writ of habeas corpus or the motion to vacate sentence. See Sims v. U.S., 244 F. 3d 509 (6th Cir. 2001)(citing Fed. R.App. P. 22(b)(1)).
Accordingly,
IT IS ORDERED that the Motion for Certificate of Appealability (Doc. No. 34) is DENIED. Petitioner may refile the motion with the United States Court of Appeals for the Sixth Circuit.
S/Denise Page Hood
Denise Page Hood
Chief Judge, United States District Court Dated: May 24, 2016 I hereby certify that a copy of the foregoing document was served upon counsel of record on May 24, 2016, by electronic and/or ordinary mail.
S/LaShawn R. Saulsberry
Case Manager