Opinion
2:20-cv-11746
02-23-2021
LESTER BELL, Petitioner, v. MATT MACAULEY, Respondent.
ORDER DENYING MOTION FOR A CERTIFICATE OF APPEALABILITY AS MOOT
Before the Court is Petitioner Lester Bell's motion for a certificate of appealability. ECF No. 9. On September 4, 2020, the Court denied Mr. Bell's petition for writ of habeas corpus chiefly because his claims rested on arguments attacking the application of state law. ECF No. 6, PageID.152-53 (citing Estelle v. McGuire, 502 U.S. 62, 68 (1991)). In addition, the Court denied Mr. Bell's certificate of appealability "because he has failed to make a substantial showing of the denial of a federal constitutional right." ECF No. 6, PageID.155 (citing Dell v. Straub, 194 F. Supp.2d 629, 659 (E.D. Mich. 2002)).
On February 10, 2021, the Sixth Circuit denied Mr. Bell's notice of appeal for lack of jurisdiction because he did not file his appeal within the thirty-day requirement. ECF No. 12 (citing 28 U.S.C. § 2107(a); Fed. R. App. P. 4(a)(1)(A)). For this reason, Mr. Bell's motion for a certificate of appealability is DENIED as moot.
IT IS SO ORDERED.
Dated: February 23, 2021
s/Terrence G. Berg
TERRENCE G. BERG
UNITED STATES DISTRICT JUDGE