Ervin Joiner v. Houston County Sheriff’s Department

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA MACON DIVISION ERVIN JOINER, Plaintiff, CIVIL ACTION NO. v. 5:25-cv-00145-TES HOUSTON COUNTY SHERIFF’S DEPARTMENT, Defendant.

ORDER

On November 25, 2025, the Court dismissed Plaintiff’s 28 U.S.C. § 2254 claims and denied Plaintiff a certificate of appealability (“COA”). [Doc. 14]. Plaintiff now files a Motion for Leave to Appeal In Forma Pauperis (“IFP”) and a Notice of Appeal. [Doc. 19]; [Doc. 16]. However, Plaintiff’s Notice of Appeal does not list any issues Plaintiff intends to present on appeal, as required under Federal Rule of Appellate Procedure 24(a). Fed. R. App. P. 24(a). Instead, Plaintiff appears to summarize both this case and state court proceedings, and asks for a “date to be reviewed before this court . . . .” [Doc. 16]. In addition to not complying with Rule 24, Plaintiff also may not appeal without a COA.

Cobble v. Sellers, No. 5:14-cv-313-MTT, 2014 WL 5364028, at *1 (M.D. Ga. Oct. 21, 2014) (“Petitioner cannot appeal without a certificate of appealability so his Motion for Leave to Proceed In Forma Pauperis . . . is moot.”). This Court denied Plaintiff a COA. [Doc. 14].

Accordingly, Plaintiff’s Motion for Leave to Proceed IFP is DENIED as moot.

SO ORDERED, this 27th day of January, 2026.

S/ Tilman E. Self, III TILMAN E. SELF, III, JUDGE UNITED STATES DISTRICT COURT