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ROBERT J. ROYSTER v. DONALD T. VAUGHN, et al

ORDER

STEWART DALZELL, District Judge

AND NOW, this 2nd day of September, 2003, upon consideration of petitioner Robert J. Royster's pro se motion to forward the records to the Court of Appeals (docket entry # 19), and the Court finding that:

(a) A petitioner may not appeal from a denial of his application for a writ of habeas corpus, "unless either a circuit justice or judge issues a certificate of appealability", 28 U.S.C. § 2253(c)(1);

(b) In this case, Royster may not appeal our denial of his application for a writ of habeas corpus because we have denied his request for a certificate of appealability, see Order of March 7, 2002, and the Court of Appeals has similarly denied his request for a certificate of appealability;

(c) Since Royster may not appeal to the Court of Appeals, forwarding the records in this case to the Court of Appeals would serve no purpose,

It is hereby ORDERED that Royster's motion is DENIED.

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ROYSTER v. VAUGHN
(Sep 2, 2003)