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Darnall v. Mackie

United States District Court, Eastern District of Michigan, Southern Division

March 12, 2015

TAZ MORRIS DARNALL, Petitioner,
v.
THOMAS MACKIE, Respondent.

ORDER DENYING AS MOOT PETITIONER’S MOTION FOR A CERTIFICATE OF APPEALABILITY (Dkt. #23) AND MOTION TO PROCEED IN FORMA PAUPERIS ON APPEAL (Dkt. #25)

HONORABLE PAUL D. BORMAN UNITED STATES DISTRICT JUDGE

Petitioner Taz Morris Darnall has appealed the Court’s dismissal of his pro se habeas corpus petition. Currently pending before this Court are Petitioner’s motion for a certificate of appealability and motion to proceed in forma pauperis on appeal. The motions are moot because the Court addressed both matters in its dispositive opinion and order dated January 5, 2015. The Court declined to grant a certificate of appealability, but stated that Petitioner could proceed in forma pauperis on appeal. See Op. and Order, Dkt. #20, pp. 7-8. Furthermore, Petitioner’s motion for a certificate of appealability is addressed to the United States Court of Appeals for the Sixth Circuit, not this Court. The same motion is pending before the Court of Appeals. See Darnall v. Smith, No. 15-1205 (6th Cir. Feb. 26, 2015). For these reasons, Petitioner’s motion for a certificate of appealability (Dkt. #23) and his motion for leave to proceed in forma pauperis on appeal (Dkt. #25) are DENIED as moot.


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