UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA TIMOTHY RANDAZZO (#585967) CIVIL ACTION VERSUS JAMES LEBLANC, ET AL. NO. 19-129-BAJ-RLB

ORDER Before the Court is Petitioner’s Application for Certificate of Appealability (Doc. 12) and Motion to Proceed in Forma Pauperis (Doc. 13). On September 25, 2019, the Court issued a Ruling and Order (Doc. 11) denying the Petitioner’s application for habeas relief. A certificate of appealability may issue only if a habeas petitioner has made a substantial showing of the denial of a constitutional right. 28 U.S.C, § 2253(¢)(2). In cases where the Court has rejected a petitioner's constitutional claims on procedural grounds, a petitioner must demonstrate that “jurists of reason would find it debatable whether the petition states a valid claim of a denial of constitutional right and that jurists of reason would find it debatable whether the district court was correct in its procedural ruling.” Ruiz v. Quarterman,

(5th Cir. 2006) (emphasis in original). In this case, the Court finds that reasonable jurists would not debate the denial of the Petitioner's application or the correctness of the procedural ruling. Pursuant to

(c), “Ju]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 habeas corpus proceeding in which the detention complained of arises out of process issued by a State court ....”. The Court has concluded that the Petitioner is not entitled to a certificate of appealability. Accordingly, IT IS ORDERED that the Petitioner’s Motions (Docs. 12 and 13) are DENIED.

az Baton Rouge, Louisiana, this day of October, 2019. aS /_\ JUDGE BRIAN A. JAUKSON UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA