BELL v. Macauley ( 2021 )

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION LESTER BELL, 2:20-cv-11746 Petitioner, ORDER DENYING MOTION v. FOR A CERTIFICATE OF APPEALABILITY AS MOOT MATT MACAULEY,1 Respondent. Before the Court is Petitioner Lester Bell’s motion for a certificate of appealability. ECF No. 9. On September 4, 2020, the Court denied Mr. Bell’s petition for writ of habeas corpus chiefly because his claims rested on arguments attacking the application of state law. ECF No. 6, PageID.152-53 (citing Estelle v. McGuire, 502 U.S. 62, 68 (1991)). In addition, the Court denied Mr. Bell’s certificate of appealability “because he has failed to make a substantial showing of the denial of a federal constitutional right.” ECF No. 6, PageID.155 (citing Dell v. Straub, 194 F. Supp.2d 629, 659 (E.D. Mich. 2002)). On February 10, 2021, the Sixth Circuit denied Mr. Bell’s notice of appeal for lack of jurisdiction because he did not file his appeal within 1 The Court amends the caption to reflect the name of Petitioner’s current warden. See Rule 2(a) of the Rules Governing § 2254 Cases, 28 U.S.C. foll. § 2254. the thirty-day requirement. ECF No. 12 (citing 28 U.S.C. § 2107(a); Fed. R. App. P. 4(a)(1)(A)). For this reason, Mr. Bell’s motion for a certificate of appealability is DENIED as moot. IT IS SO ORDERED. Dated: February 23, 2021 s/Terrence G. Berg TERRENCE G. BERG UNITED STATES DISTRICT JUDGE