VICKERY v. HALL

United States District Court for the Middle District of Georgia

VICKERY v. HALL

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA ATHENS DIVISION

RUSSELL VICKERY, : : Petitioner, : VS. : : NO. 3:18-CV-00083-CDL-CHW WARDEN HILTON HALL, et al., : : Respondents. : ________________________________ :

ORDER Presently pending before the Court are Petitioner Russell Vickery’s motions for a certificate of appealability (“COA”) and for leave to proceed in forma pauperis on appeal (ECF Nos. 24, 28, 29). Pursuant to the requirements of Rule 11 of the Rules Governing Section 2254 Cases, Petitioner has not made a substantial showing of the denial of a constitutional right.

28 U.S.C. § 2253

(c)(2); see also Slack v. McDaniel,

529 U.S. 473, 483-84

(2000). Therefore, Petitioner’s motions for a certificate of appealability (Docs. 24, 28) are DENIED. Because this Court has found that Petitioner is not entitled to a COA, his motion to proceed in forma pauperis on appeal (ECF No. 29) is DENIED as moot. SO ORDERED, this 17th day of July, 2019.

s/Clay D. Land CLAY D. LAND CHIEF U.S. DISTRICT COURT JUDGE MIDDLE DISTRICT OF GEORGIA

Reference

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