Opinion
No. 3:05-CV-1932-N, ECF.
May 16, 2007
ORDER OF THE COURT ON RECOMMENDATION REGARDING CERTIFICATE OF APPEALABILITY
Considering the record in this case and the above recommendation, and pursuant to Federal Rule of Appellate Procedure 22(b) and 28 U.S.C. § 2253(c), the Court hereby finds and orders: IFP STATUS : X in forma pauperis in forma pauperis 24 28 U.S.C. § 1915 See Harkins v. Roberts 935 F. Supp. 871 873 Howard v. King 707 F. 2d 215 219-20 24 28 U.S.C. § 1915 COA : X February 16, 2007, See Miller-El v. Cockrell 537 U.S. 322 338 Slack v. McDaniel 529 U.S. 473 483-84 28 U.S.C. § 2253
() the party appealing is GRANTED status on appeal. ( ) the party appealing is DENIED status on appeal for the following reasons: ( ) the Court certifies, pursuant to Fed.R.App.P. (a) and (a)(3), that the appeal is not taken in good faith. In support of this finding, the Court adopts and incorporates by reference the Magistrate Judge's Findings and Recommendation entered in this case on _______________. Based upon the Magistrate Judge's findings, this Court finds that the appeal presents no legal points of arguable merit and is therefore frivolous. , , (S.D. Miss. 1996) (citing , , (5th Cir. 1983)). ( ) the person appealing has not complied with the requirements of Rule of the Federal Rules of Appellate Procedure and/or (a)(1) as ordered by the Court. ( ) a Certificate of Appealability is GRANTED on the following issues: ____________________ _____________________________________________________________________________________ () a Certificate of Appealability is DENIED. The Court hereby adopts and incorporates by reference the Findings, Conclusions and Recommendation of the United States Magistrate Judge, filed on in support of its finding that petitioner has failed to make a substantial showing of the denial of a constitutional right. , , (2003); , , (2000); (c)(2).