Staton v. Estes et al (INMATE 3)
| Arthaniel Bernard Staton |
| Dewayne Estes and Steven T. Marshall |
| 3:2018cv00459 |
| May 3, 2018 |
| US District Court for the Middle District of Alabama |
| Opelika Office |
| St. Clair |
| Susan Russ Walker |
| William Keith Watkins |
| General |
| 28 U.S.C. ยง 2254 |
| None |
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Filing
30
ORDER: Before the court is Petitioner Arthaniel Staton's motion for a certificate of appealability (doc. 27 ) which the Court construes as containing a motion to appeal in forma pauperis. A certificate of appealability is necessary before a petitioner may pursue an appeal in a habeas corpus proceedings. See 28 U.S.C. 2253(c). To mandate the issuance of a certificate of appealability, a petitioner must make a "substantial showing of the denial of a constitutional right." Furthe r "[a]n appeal may not be taken in forma pauperis if the trial court certifies in writing that it is not taken in good faith." In making this determination as to good faith, the Court must use an objective standard, such as whether the appe al is "frivolous," or "has no substantive merit." Applying these standards, the Court finds that Staton has not made a substantial showing of the denial of a constitutional right. In addition, the Court is of the opinion that Stat on's appeal has no legal or factual basis and, accordingly, is frivolous and not taken in good faith. Accordingly, it is ORDERED that Staton's motion for leave to appeal in forma pauperis and motion for a certificate of appealability (doc. 27 ) are DENIED. Signed by Chief Judge Emily C. Marks on 10/20/2021. Furnished Appeals Clerk. (dmn, )
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Filing
24
MEMORANDUM OPINION and ORDER directing as follows: (1) the petitioner's 22 objections are OVERRULED; (2) the 21 REPORT AND RECOMMENDATIONS of the Magistrate Judge is ADOPTED; (3) the petitioner's 23 Motion for an evidentiary Hearing is DENIED; and (4) this case is DISMISSED with prejudice; a final judgment will be entered. Signed by Chief Judge Emily C. Marks on 9/14/2021. (djy, )
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