Opinion
Cause Nos: 3:06-CV-797
10-06-2011
DARRELL TURNER, Petitioner v. UNITED STATES OF AMERICA, Respondent
(arising out of 3:03-CR-22(2)RM)
OPINION AND ORDER
The court construes Darrell Turner's notice of appeal challenging the court's August 3, 2011 order denying his motion to reopen his petition under 28 U.S.C. § 2255, as a motion for a certificate of appealability. Issuance of a certificate requires the court to find that Mr. Turner has made "a substantial showing of the denial of a constitutional right." 28 U.S.C. § 2253(c)(2); Miller-El v. Cockrell, 537 U.S. 322, 336 (2003). This means he must show "that reasonable jurists could debate whether (or, for that matter, agree that) the [motion] should have been resolved in a different manner or that the issues presented were 'adequate to deserve encouragement to proceed further.'" Miller-El v. Cockrell, 537 U.S. at 336. For the reasons stated in the court's orders of August 3, 2011 and August 16, 2011 (denying Mr. Turner's motion to proceed in forma pauperis on appeal), the court finds that Mr. Turner hasn't met that burden, and DENIES the motion for a certificate of appealability.
SO ORDERED.
cc: D. Turner
W. Grimmer
Court of Appeal
Robert L. Miller , Jr.
Judge
United States District Court