Harmon v. Cooper

Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WISCONSIN

TIMOTHY HARMON,

Petitioner,

v. Case No. 21-C-147

SARAH COOPER,

Respondent.

ORDER DENYING REQUEST FOR CERTIFICATE OF APPEALABILITY

Petitioner Timothy Harmon filed a notice of appeal from this Court’s order denying him relief under 28 U.S.C. § 2254. On October 11, 2021, Petitioner filed a request for a certificate of appealability. Under Rule 11(a) of the Rules Governing Section 2254 Cases, the Court must consider whether to issue a certificate of appealability. A court may issue a certificate of appealability only if the applicant makes a substantial showing of the denial of a constitutional right. See 28 U.S.C. § 2253(c)(2). The standard for making a “substantial showing” is whether “reasonable jurists could debate whether (or, for that matter, agree that) the petition should have been resolved in a different manner or that the issues presented were adequate to deserve encouragement to proceed further.” Slack v. McDaniel, 529 U.S. 473, 484 (2000) (internal quotation marks omitted). The Court concludes that its decision is neither incorrect nor debatable among jurists of reason. Accordingly, Petitioner’s request for a certificate of appealability (Dkt. No. 17) is DENIED, and Petitioner must seek further relief from the court of appeals on this issue. SO ORDERED at Green Bay, Wisconsin this 13th day of October, 2021. s/ William C. Griesbach William C. Griesbach United States District Judge