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Shabazz v. Williams

United States District Court, M.D. Georgia, Macon Division
Jun 21, 2010
CIVIL ACTION NO.: 5:07-CV-413 (HL) (M.D. Ga. Jun. 21, 2010)

Opinion

CIVIL ACTION NO.: 5:07-CV-413 (HL).

June 21, 2010


ORDER


Petitioner YUSUF SHABAZZ has filed a notice of appeal (R. at 50, 51) from the Court's Order that denied his 28 U.S.C. § 2254 petition. (R. at 48). 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 § 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 this Court's May 18, 2010 Order, 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.

Also before the Court is petitioner's motion for leave to proceed in forma pauperis on appeal (R. at 52). Said motion is DENIED AS MOOT. SO ORDERED.


Summaries of

Shabazz v. Williams

United States District Court, M.D. Georgia, Macon Division
Jun 21, 2010
CIVIL ACTION NO.: 5:07-CV-413 (HL) (M.D. Ga. Jun. 21, 2010)
Case details for

Shabazz v. Williams

Case Details

Full title:YUSUF SHABAZZ, Petitioner v. THALRONE WILLIAMS, Respondent

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

Date published: Jun 21, 2010

Citations

CIVIL ACTION NO.: 5:07-CV-413 (HL) (M.D. Ga. Jun. 21, 2010)