Free Order on Motion for Certificate of Appealability - District Court of Connecticut - Connecticut

Case 3:03-cv-00573-PCD

Document 28

Filed 09/15/2006

Page 1 of 1

UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT

LEVERN GRANT, Petitioner, v. COMMISSIONER ARMSTRONG, Respondent.

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PRISONER CASE NO. 3:03CV573(PCD)

RULING ON MOTION FOR CERTIFICATE OF APPEALABILITY Petitioner, LeVern Grant ("Grant"), filed this action pro se for a writ of habeas corpus, pursuant to 28 U.S.C. § 2254. On

May 12, 2004, the court granted respondent's motion to dismiss on the ground that the petition was untimely filed. Grant now asks

the court to issue a certificate of appealability to enable her to appeal the dismissal. In the May 12, 2004 ruling, the court stated: "This court

concludes that a plain procedural bar is present here; no reasonable jurist could conclude that Grant timely filed his petition. issue." Accordingly, a certificate of appealability will not Because the court has previously determined that no

certificate of appealability will issue, Grant's motion [doc. #27] is DENIED for the reasons stated in the previous ruling. SO ORDERED this Haven, Connecticut. /s/ Peter C. Dorsey United States District Judge 15th day of September, 2006, at New