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- flmd;;8:16-cv-02624_de15 RegisterActionDate "2019-03-20" @default.
- flmd;;8:16-cv-02624_de15 RegisterActionDescriptionText "ORDER dismissing case. Respondent's Motion to Dismiss 6 is GRANTED, and 4B06A69 habeas petition (Dkt. 1) is DISMISSED as time-barred. The Clerk is directed to enter judgment against 4B06A69 and to close this case. 4B06A69 is not entitled to a certificate of appealability ("COA"). A prisoner seeking a writ of habeas corpus has no absolute entitlement to appeal a district court's denial of his petition. 28 U.S.C. § 2253(c)(1). A COA must first issue. Id. To obtain a COA, 4B06A69 must show that reasonable jurists would find debatable both (1) the merits of the underlying claims and (2) the procedural issues he seeks to raise. See 28 U.S.C. § 2253(c)(2); Slack v. McDaniel, 529 U.S. 473, 484 (2000). Because the petition is time-barred, 4B06A69 cannot satisfy the second prong of the Slack test. Since 4B06A69 is not entitled to a COA, he is not entitled to appeal in forma pauperis. Signed by Judge Charlene Edwards Honeywell on 3/20/2019. (BGS) (Entered: 03/20/2019)" @default.
- flmd;;8:16-cv-02624_de15 AdministrativeID "15" @default.
- flmd;;8:16-cv-02624_de15 hasReferenceToOtherEntry flmd;;8:16-cv-02624_de6 @default.