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UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

PERRY DAVIS, 

Petitioner,

CASE NO. 2:09-CV-10560

v. HONORABLE DENISE PAGE HOOD 

UNITED STATES DISTRICT JUDGE

LLOYD RAPELJE, 

Respondent.

_____________________________/

OPINION & ORDER DENYING CERTIFICATE OF APPEALABILITY

Petitioner filed a habeas corpus petition pursuant to 28 U.S.C. §2254. On September 28,

2010, the Court granted Respondent's motion for summary judgment and denied the petition because

it was filed after expiration of the statute of limitations set forth in 28 U.S.C. § 2244(d). Petitioner

has filed a notice of appeal.

Pursuant to Rule 11 of the Rules Governing Section 2254 Proceedings, which was amended

as of December 1, 2009:

The district court must issue or deny a certificate of appealability when it enters a

final order adverse to the applicant. . . . If the court issues a certificate, the court must

state the specific issue or issues that satisfy the showing required by 28 U.S.C. §

2253(c)(2). If the court denies a certificate, a party may not appeal the denial but

may seek a certificate from the court of appeals under Federal Rule of Appellate

Procedure 22.

Rule 11, Rules Governing Section 2254 Proceedings.

28 U.S.C. § 2253(c)(1)(A) and F.R.A.P. 22(b) state that an appeal from the district court’s

denial of a writ of habeas corpus may not be taken unless a certificate of appealability (COA) is

issued either by a circuit court or district court judge. If an appeal is taken by an applicant for a writ

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of habeas corpus, the district court judge shall either issue a certificate of appealability or state the

reasons why a certificate of appealability shall not issue. F.R.A.P. 22(b). To obtain a certificate of

appealability, a prisoner must make a substantial showing of the denial of a constitutional right. 28

U.S.C. § 2253(c)(2). 

When a habeas petition is denied on a procedural ground, a certificate of appealability may

issue only if "jurists of reason would find it debatable whether the petitioner 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 correct in its procedural ruling." Slack v. McDaniel, 529 U.S. 473, 484 (2000).

In the present case, for reasons stated in greater detail in the opinion and order granting Respondent's

motion for summary judgment, this Court found that petitioner’s application for a writ of habeas

corpus was filed untimely. The Court will deny petitioner a certificate of appealability, because

reasonable jurists would not find it debatable whether this Court was correct in determining that the

petition should be dismissed as time barred..

Accordingly, it is ORDERED that a certificate of appealability is denied.

Dated: December 21, 2011 s/Denise Page Hood 

Denise Page Hood

United States District Judge

I hereby certify that a copy of the foregoing document was served upon counsel of record on

December 21, 2011, by electronic and/or ordinary mail.

s/LaShawn R. Saulsberry 

Case Manager

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