Summary
denying separately filed motion for certificate of appealability after adopting report and recommendation to deny each claim raised in petition and where the court's assessment of the denial of each claim was not debatable or wrong
Summary of this case from Salinas v. HartOpinion
CIVIL ACTION NO. 6-29-KKC.
February 5, 2007
OPINION AND ORDER
On January 4, 2007, this Court issued an opinion and order denying Carpenter's Petition for Writ of Habeas Corpus and adopting the Report and Recommendation of the Magistrate Judge. This matter is now before the Court on Carpenter's Motion for Certificate of Appealability [Rec. No. 17] and Motion for Leave to Appeal In Forma Pauperis [Rec. No. 16]. For the following reasons, the Court will DENY both motions.
A Certificate of Appealability ("COA") may be issued "only if the applicant has made a substantial showing of the denial of a constitutional right." 28 U.S.C. § 2253(c)(2). The substantial showing threshold is satisfied when a petitioner demonstrates "that reasonable jurists would find the district court's assessment of the constitutional claims debatable or wrong." Slack v. McDaniel, 529 U.S. 473, 484 (2000).
In its Opinion and Order, the Court adopted the Report and Recommendation of the Magistrate Judge recommending that Carpenter's petition be denied as to each issue raised. For all the reasons stated in the Report and Recommendation, the Court concludes that reasonable jurists would not find the district court's assessment of the constitutional claims debatable or wrong.
Accordingly, the Court hereby ORDERS as follows:
(1) Carpenter's Motion for Certificate of Appealability is DENIED [Rec. No. 17],
(2) Carpenter's Motion for Leave to Appeal In Forma Pauperis is DENIED [Rec. No. 16],
(3) this matter is stricken from the active docket of this Court.