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Holmes v. Compton

United States District Court, M.D. Georgia, Valdosta Division
Mar 28, 2006
Civil Action No. 7:04-CV-125 (HL) (M.D. Ga. Mar. 28, 2006)

Opinion

Civil Action No. 7:04-CV-125 (HL).

March 28, 2006


ORDER


Before the Court is petitioner CARL JEROME HOLMES notice of appeal (Tab # 22) from the Court's March 10, 2006 Order, which adopted the United States Magistrate Judge's recommendation that petitioner's 28 U.S.C. § 2254 petition be dismissed as untimely. (Tab # 18, 20) The Eleventh Circuit Court of Appeals has mandated that the Court construe petitioner's notice of appeal as an application for a certificate of appealability ("COA") pursuant to 28 U.S.C. § 2253(c). Edwards v. United States, 114 F.3d 1083 (11th Cir. 1997).

Under section 2253(c), a COA may issue only if the applicant has made a substantial showing of the denial of a constitutional right. For the reasons stated in the United States Magistrate Judge's recommendation and this Court's Order accepting the same, the Court finds that petitioner has not made a substantial showing of the denial of a constitutional right. 28 U.S.C. § 2253(c)(2). Accordingly, the application for a COA is DENIED.

SO ORDERED.


Summaries of

Holmes v. Compton

United States District Court, M.D. Georgia, Valdosta Division
Mar 28, 2006
Civil Action No. 7:04-CV-125 (HL) (M.D. Ga. Mar. 28, 2006)
Case details for

Holmes v. Compton

Case Details

Full title:CARL JEROME HOLMES, Petitioner, v. B.G. COMPTON, Respondent

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

Date published: Mar 28, 2006

Citations

Civil Action No. 7:04-CV-125 (HL) (M.D. Ga. Mar. 28, 2006)