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Davis v. Conerly

March 22, 2010

DETRICK DAVIS, PETITIONER,
v.
PERCY CONERLY, RESPONDENT.



The opinion of the court was delivered by: Hon. Avern Cohn

ORDER DENYING MOTION FOR CERTIFICATE OF APPEALABILITY AS MOOT

This is a habeas case under 28 U.S.C. § 2254. Petitioner Detrick Davis ("Petitioner") filed a pro sepetition for writ of habeas corpus raising claims of prosecutorial misconduct, ineffective assistance of trial counsel, and ineffective assistance of appellate counsel. On February 18, 2010, the Court issued a Memorandum and Order dismissing the petition for failure to comply with the one-year statute of limitations and denying a certificate of appealability.

Before the Court is Petitioner's motion for a certificate of appealability ("COA"). Given that the Court has already determined that Petitioner is not entitled to a COA, the motion is DENIED AS MOOT. To the extent that the motion for a COA is construed as a motion for reconsideration, it is also denied as Petitioner has failed to show that reasonable jurists would debate whether the petition is time barred or whether Petitioner's claims deserve to proceed further.

SO ORDERED.

AVERN COHN UNITED STATES DISTRICT JUDGE

20100322

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