Webster V. Cooper, 08-30435
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IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 08-30435 USDC No. 3:07-CV-601
WINSTON WEBSTER Petitioner-Appellant
v. LYNN COOPER, Warden Respondent-Appellee
Appeal from the United States District Court for the Middle District of Louisiana
ORDER: Winston Webster, Louisiana prisoner # 467359, seeks a certificate of appealability (COA) to appeal the denial of his 28 U.S.C. § 2254 application, wherein he challenges his conviction for possession with intent to distribute marIjuana. Webster argues that the district court erred in dismissing his application as time barred. To obtain a COA, Webster must make "a substantial showing ofthe denial of a constitutional right." 28 U.S.C. § 2253(c)(2). When the district court has dismissed a § 2254 application on procedural grounds, "a COA should issue when the prisoner shows, at least, that jurists of reason would find it debatable whether the petition states a valid claim of the denial of a constitutional right . and that jurists of reason would find it debatable whether the district court was
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No. 08-30435
correct in its procedural ruling." Slack v. McDaniel, 529 U.S. 473, 484 (2000).
Webster has not made the necessary showing for a COA. See Slack, 529 U.S. at
484. Accordingly, his motion for a COA is DENIED.
UNITED STATES CIRCUIT JUDGE
2
United States Court of Appeals FIFTH CIRCUIT OFFICE OF THE CLERK
CHARLES R. FULBRUGE III CLERK
TEL. (504) 310-7700 600 S. M AESTRI PLACE NEW ORLEANS, LA 70130 www.ca5.uscourts.gov
March 16, 2009 Mr. Nick Lorio U. S. District Court, Middle District of Louisiana 777 Florida Street Baton Rouge, LA 70801
No. 08-30435, Webster v. Cooper USDC No. 3:07-CV-601
Enclosed is a copy of the judgment issued as the mandate. The electronic copy of the record has been recycled.
Sincerely, CHARLES R. FULBRUGE III, Clerk
By:_____________________ Nancy F. Dolly, Deputy Clerk 504-310-7683 cc: w/encl: Ms. Elizabeth Ann Engolio Honorable John V. Parker Mr. Winston Webster Form Name: Mandate Issued - MDT-1 (!ag,tax,img)
FOR THE FIFTH CIRCUIT
No. 08-30435 USDC No. 3:07-CV-601
WINSTON WEBSTER Petitioner-Appellant
v. LYNN COOPER, Warden Respondent-Appellee
Appeal from the United States District Court for the Middle District of Louisiana
ORDER: Winston Webster, Louisiana prisoner # 467359, seeks a certificate of appealability (COA) to appeal the denial of his 28 U.S.C. § 2254 application, wherein he challenges his conviction for possession with intent to distribute marIjuana. Webster argues that the district court erred in dismissing his application as time barred. To obtain a COA, Webster must make "a substantial showing ofthe denial of a constitutional right." 28 U.S.C. § 2253(c)(2). When the district court has dismissed a § 2254 application on procedural grounds, "a COA should issue when the prisoner shows, at least, that jurists of reason would find it debatable whether the petition states a valid claim of the denial of a constitutional right . and that jurists of reason would find it debatable whether the district court was
Ii
I
No. 08-30435
correct in its procedural ruling." Slack v. McDaniel, 529 U.S. 473, 484 (2000).
Webster has not made the necessary showing for a COA. See Slack, 529 U.S. at
484. Accordingly, his motion for a COA is DENIED.
UNITED STATES CIRCUIT JUDGE
2
United States Court of Appeals FIFTH CIRCUIT OFFICE OF THE CLERK
CHARLES R. FULBRUGE III CLERK
TEL. (504) 310-7700 600 S. M AESTRI PLACE NEW ORLEANS, LA 70130 www.ca5.uscourts.gov
March 16, 2009 Mr. Nick Lorio U. S. District Court, Middle District of Louisiana 777 Florida Street Baton Rouge, LA 70801
No. 08-30435, Webster v. Cooper USDC No. 3:07-CV-601
Enclosed is a copy of the judgment issued as the mandate. The electronic copy of the record has been recycled.
Sincerely, CHARLES R. FULBRUGE III, Clerk
By:_____________________ Nancy F. Dolly, Deputy Clerk 504-310-7683 cc: w/encl: Ms. Elizabeth Ann Engolio Honorable John V. Parker Mr. Winston Webster Form Name: Mandate Issued - MDT-1 (!ag,tax,img)
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