Carmichael v. Davenport et al (INMATE 2)

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Date Filed	#	Document Text
May 21, 2014	28	OPINION AND ORDER: It is ORDERED that the 27 Motion filed by Leon Carmichael, Jr., for an Extension of Time in which to file a "C.O.A." is granted to the following extent: (1) The motion is treated as a notice of appeal pursuant to Fed. R. App. P. 4(a), and is deemed timely filed. (2) Petitioner Carmichael is given until 8/19/2014, to set forth why the court should grant a certificate of appealability as to some or all of the issues in this case, that is, why the court should find petitioner Carmichael "has made a substantial showing of the denial of a constitutional right" as to particular issues. 28 U. S. C. 2253(c)(2). (3) If petitioner Carmichael seeks to proceed on appeal in forma pauperis, he is given until 8/1 9/2014, to set forth further why the court should find that his appeal is being "taken in good faith", 28 § U.S.C. § 1915(a)(3), that is, why the court should not find that the appeal is frivolous, Coppedge v. United States, 369 U .S. 438, 445 (1962), or has no substantive merit. United States v. Bottoson, 644 F.2d 1174, 1176 (5th Cir.Unit B May 15, 1981) (per curiam); otherwise, he should pay the appellant filing fee (& 505.00) by then. Signed by Honorable Judge Myron H. Thompson on 5/21/2014. (dmn, )

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