Opinion
CIVIL ACTION NO. 10-CV-00344-BAJ-EWD
02-19-2019
MICHAEL SHOEMAKER v. BURL CAIN, Warden of Louisiana State Penitentiary
RULING ON MOTION FOR CERTIFICATE OF APPEALABILITY
This matter is before the Court on a motion by Petitioner for a certificate of appealability ("COA"). "A COA should issue if the applicant has 'made a substantial showing of the denial of a constitutional right,' 28 U.S.C. § 2253(c)(2), which [courts] have interpreted to require that the 'Petitioner must demonstrate that reasonable jurists would find the district court's assessment of the constitutional claims debatable or wrong.'" Tennard v. Dretke, 542 U.S. 274, 282, 124 S.Ct. 2562, 2569, 159 L.Ed.2d 384 (U.S. 2004) (quoting Slack v. McDaniel, 529 U.S. 473, 484, 120 S.Ct. 1595, 146 L.Ed.2d 542).
The Court previously issued an order (Doc. 27) dismissing Petitioner's Motion to Set Aside Judgment Pursuant to Rule 60(b) (Doc. 26). Having considered the record of the case and the requirements of 28 U.S.C. § 2253 and Rule 22(b), the Federal Rules of Appellate Procedure, and Petitioner's Request for Certificate of Appealability (Doc. 28), the Court concludes that a substantial showing of the denial of a constitutional right has not been made. For the reasons set forth in the Magistrate Judge's Report and Recommendation, and in this Court's denial of Petitioner's Motion to Set Aside Judgment Pursuant to Rule 60(b) (Doc. 26), Petitioner's request is DENIED.
I. CONCLUSION
Accordingly,
IT IS ORDERED that Plaintiff's Request for Certificate of Appealability (Doc. 28) is DENIED.
Baton Rouge, Louisiana, this 19th day of February, 2019.
/s/ _________
JUDGE BRIAN A. JACKSON
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA