Turner v. United States of America, No. 3:2006cv00797 - Document 36 (N.D. Ind. 2011)
Court Description: OPINION AND ORDER denying motion for certificate of appealability. Signed by Judge Robert L Miller, Jr on 10/6/11. (ksc)
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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF INDIANA SOUTH BEND DIVISION DARRELL TURNER, Petitioner v. UNITED STATES OF AMERICA, Respondent ) ) ) ) ) ) ) ) ) Cause Nos: 3:06-CV-797 (arising out of 3:03-CR-22(2)RM) OPINION AND ORDER The court construes Darrell Turner s notice of appeal challenging the court s August 3, 2011 order denying his motion to reopen his petition under 28 U.S.C. § 2255, as a motion for a certificate of appealability. Issuance of a certificate requires the court to find that Mr. Turner has made a substantial showing of the denial of a constitutional right. 28 U.S.C. § 2253(c)(2); Miller-El v. Cockrell, 537 U.S. 322, 336 (2003). This means he must show that reasonable jurists could debate whether (or, for that matter, agree that) the [motion] should have been resolved in a different manner or that the issues presented were adequate to deserve encouragement to proceed further. Miller-El v. Cockrell, 537 U.S. at 336. For the reasons stated in the court s orders of August 3, 2011 and August 16, 2011 (denying Mr. Turner s motion to proceed in forma pauperis on appeal), the court finds that Mr. Turner hasn t met that burden, and DENIES the motion for a certificate of appealability. SO ORDERED. ENTERED: October 6, 2011 /s/ Robert L. Miller, Jr. Judge United States District Court cc: D. Turner W. Grimmer Court of Appeal 2
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