Mills v. Cason

Full title: DARRIN AUSTIN MILLS, Petitioner, v. JOHN CASON, Respondent

Court: United States District Court, W.D. Michigan, Southern Division

Date published: Nov 20, 2006

Case No. 1:03-cv-626 (W.D. Mich. Nov. 20, 2006)

Opinion

Case No. 1:03-cv-626.

November 20, 2006

ORDER

WENDELL MILES, Senior District Judge

This is a habeas corpus action brought by a state prisoner pursuant to 28 U.S.C. § 2254. On September 8, 2006, the Court entered an opinion and order dismissing the petition. Petitioner subsequently filed a notice of appeal and a motion for leave to appeal in forma pauperis. In an order issued on October 4, 2006, the Court granted Petitioner leave to proceed in forma pauperis on appeal and denied him a certificate of appealability (docket #50).

Petitioner subsequently filed a motion for certificate of appealability (docket #51) and supporting brief (docket #52), and a motion for reconsideration of the Court's order denying him a certificate of appealability (docket #53). In his motion for reconsideration, Petitioner complains that the Court prematurely denied him a certificate of appealability before he had an opportunity to file his motion for certificate of appealability. The Court has reviewed Petitioner's motion for certificate of appealability and supporting brief and continues to maintain that reasonable jurists could not find that the dismissal of Petitioner's claims was debatable or wrong. See Slack v. McDaniel, 529 U.S. 473, 484 (2000). Therefore:

IT IS ORDERED that Petitioner's motions for certificate of appealability (docket #51) and for reconsideration of the Court's order denying him a certificate of appealability (docket #53) are DENIED.