Opinion
CIVIL ACTION NO. 99-3240, SECTION "T" (5).
May 29, 2003.
ORDER AND REASONS
Before the Court is the Petitioner's Motion for Relief from Judgment and Order Denying 28 U.S.C. § 2254 Application and Certificate of Appealability Pursuant to Fed. Rules Civ. Proc. Rule 60(b). Having considered the record, the law, and the previous application submitted by the Petitioner, the Court hereby DENIES the Petitioner's request.
I. BACKGROUND
On April 20, 1993, a jury found the petitioner, Ronald Reynolds, guilty of second degree murder. On June 15, 1993, he was sentenced to life imprisonment at hard labor without the benefit of parole, probation, or suspension of sentence.
On November 17, 1994 the Louisiana Fourth Circuit Court of Appeal affirmed Reynolds' conviction and sentence. The Louisiana Supreme Court denied writs on April 28, 1995. Reynolds' conviction became final on May 13, 1995, when he failed to move for a rehearing within the fourteen days allowed by Louisiana law, LSA-C.Cr.P. Art. 922.
On April 22, 1997, Reynolds filed his first application for post-conviction relief in the state trial court. The application was denied on July 15, 1997. Subsequently, writs were denied by the Louisiana Fourth Circuit Court of Appeal, State v. Reynolds, No. 97-K-1658 (La.App. 4th Cir.Aug. 25, 1997) (unpublished order), and by the Louisiana Supreme Court on March 27, 1998. State ex rel. Reynolds v. State, 716 So.2d 881 (La. 1998).
Reynolds filed his second application for post-conviction relief in the state trial court on June 3, 1998. On February 19, 1999, the application was denied. Writs were subsequently denied by the Louisiana Fourth Circuit Court of Appeal, State v. Reynolds, No. 99-K-0582 (La.App. 4th Cir. March 23, 1999) (unpublished order), and by the Louisiana Supreme Court on September 24, 1999. State ex rel. Reynolds v. State, 749 So.2d 626 (La. 1999).
On October 12, 1999, Reynolds submitted a habeas corpus petition to this Court. On May 23, 2000, this Court denied Reynolds' request for habeas corpus relief. Reynolds now requests this Court to vacate the denial of habeas corpus relief pursuant to Fed. Rules. Civ. Proc. Rule 60(b)(1) and (5).
II. LEGAL ANALYSIS
Under 28 U.S.C. § 2253(c), Reynolds has no right of appeal from this Court's May 23, 2000 judgment because he must obtain a Certificate of Appealability. This Court may issue such a certificate "only if the applicant has made a substantial showing of the denial of a constitutional right." 28 U.S.C. § 2253(c)(2). In the present case, this Court found that Reynolds failed to show a denial of a constitutional right. In fact, Reynolds has not presented this Court with any information whatsoever with regard to such a claim.
Accordingly,
IT IS ORDERED that the Petition motion hereby DENIED.