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Williams v. Louisiana

United States District Court, M.D. Louisiana

August 1, 2017

MITCHELL WILLIAMS
v.
LOUISIANA, ET AL.

          RULING

          SHELLY D. DICK, UNITED STATES DISTRICT COURT JUDGE

         This matter is before the Court on the Defendant's Notice of Appeal[1] and Motion for Leave to Appeal In Forma Pauperis.[2]

         On August 10, 2016, the Court adopted the Report and Recommendations[3] issued by U.S. Magistrate Judge Wilder-Doomes.[4] On August 10, 2016, the Court also entered a Judgment[5] dismissing the matter with prejudice pursuant to 28 U.S.C. § 1915(e)(2)(B). Defendant then filed a Notice of Appeal[6] and Motion for Leave to Appeal In Forma Pauperis[7] now before the Court.

         To the extent that the Defendant's Notice of Appeal may be characterized as a request for a certificate of appealability, 28 U.S.C. § 2253(c) provides that, “[u]nless a circuit justice or judge issues a certificate of appealability, an appeal may not be taken to the court of appeals from ... the final order in a proceeding under section 2255.” Under this statute, in order to obtain a certificate of appealability, the Defendant must make a substantial showing of the denial of a federal right.[8] In addition, he must also show that the issues presented are debatable among jurists of reason, that a court could resolve the issues in a different manner, or that the questions presented are sufficient to warrant encouragement to proceed further.[9] Upon a review of this matter, the Court finds that the Defendant has not made the requisite substantial showing of the denial of a federal right. Moreover, the Court does not find that the issues in this case are likely to be debatable among jurists of reason such that a court could resolve this matter differently. Thus, the Defendant's request for a Certificate of Appealability shall be denied.

         Further, the Defendant seeks leave to proceed in forma pauperis in connection with his appeal. However, as noted, 28 U.S.C. § 2253(c) provides that “an appeal may not be taken” in the absence of the granting by the Court of a certificate of appealability. In light of the denial by this Court of the Defendant's request for a certificate of appealability, the motion to appeal in forma pauperis must also be denied.

         Finally, and in the alternative, because the Court finds that the Defendant has not demonstrated a non-frivolous issue for appeal, the Court concludes that the appeal is not taken in good faith and that the Defendant is, therefore, not authorized to proceed in forma pauperis in connection therewith.[10] Accordingly, IT IS HEREBY ORDERED that the Defendant's Notice of Appeal, [11] to the extent that it may be interpreted as a request for a certificate of appealability, is DENIED.

         IT IS FURTHER ORDERED that the Defendant's Motion for Leave to Appeal in Forma Pauperis[12] is also DENIED.

---------

Notes:

[1] Rec. Doc. No. 19.

[2] Rec. Doc. No. 20.

[3] Rec. Doc. No. 13.

[4] Rec. Doc. No. 17.

[5] Rec. Doc. No. 18.


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