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Billops v. Uchtman

IN THE UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF ILLINOIS SPRINGFIELD DIVISION


May 19, 2006

MARLON BILLOPS, PETITIONER,
v.
ALAN UCHTMAN, WARDEN, RESPONDENT.

The opinion of the court was delivered by: Jeanne E. Scott, U.S. District Judge

OPINION

This matter comes before the Court on Petitioner Marlon Billops' Affidavit Accompanying Motion for Permission to Appeal In Forma Pauperis (d/e 27) and his Motion for a Certificate of Appealability (d/e 24). The Court has reviewed the Petitioner's financial affidavit and determined that he should be allowed to proceed in forma pauperis. This Court, however, may only issue a certificate of appealability if Billops makes a substantial showing of a violation of his constitutional rights. 28 U.S.C. §2253(c); Fed. R. App. P. 22(b). To meet this standard, Billops must show that a reasonable jurist would find his constitutional claims that he wishes to raise on appeal to be debatable. Miller-El v. Cockrell, 537 U.S. 322, 336 (2003). This Court does not believe that a reasonable jurist would find any of the constitutional issues raised by Billops to be debatable. The Court therefore denies his request for a certificate of appealability.

THEREFORE, Petitioner Billops' Affidavit Accompanying Motion for Permission to Appeal In Forma Pauperis (d/e 27) is ALLOWED. He may proceed in forma pauperis on appeal. Billops' Motion for a Certificate of Appealability (d/e 24) is DENIED.

IT IS THEREFORE SO ORDERED.

JEANNE E. SCOTT UNITED STATES DISTRICT JUDGE

20060519

© 1992-2006 VersusLaw Inc.



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