Mcintosh v. U.S.

Full title: DOUGLAS LAVON MCINTOSH, Petitioner, v. UNITED STATES OF AMERICA, Respondent

Court: United States District Court, E.D. Michigan

Date published: Jan 15, 2004

Case No. 03-74143 (E.D. Mich. Jan. 15, 2004)

Opinion

Case No. 03-74143

January 15, 2004

ORDER DENYING CERTIFICATE OF APPEAI ABILITY

PATRICK DUGGAN, Senior District Judge

On January 15, 2004, this Court summarily denied Petitioner's Writ of Habeas Corpus and Motion for Order to Show Cause. In the event Petitioner files a timely notice of appeal, Section 2253 requires that he first seek a certificate of appealability from this Court.

Section 2253 provides that a certificate of appealability may issue only if a petitioner makes a substantial showing of the denial of a constitutional right. 28 U.S.C. § 2253(e)(2). As the Supreme Court has stated:

"[T]he petitioner need not show that should prevail on the merits. He has already failed in that endeavor. Rather, he must demonstrate that the issues are debatable among jurists of reason; that a court could resolve the issues [in a different manner] or that the questions are "adequate to deserve encouragement to proceed further.'"

Barefoot, v. Estelle, 463 U.S. 880, 893 n. 4 (1983) (quoting Gordon v. Willis, 516 F. Supp. 911, 913 (N.D.Ga. 1980)).

Applying this standard to Petitioner's claim, the Court concludes that he is not entitled to a certificate of appealability and DENIES any request.

SO ORDERED.