Anderson v. Janssen
- Wilhelmina Wright
- 0:17-cv-04480
- U.S. District Court · District of Minnesota
- 2
In Anderson v. Janssen, Judge Wright denied Anderson’s request for permission to appeal the earlier denial of his federal custody petition.
Andre Verlin Anderson’s ability to appeal the earlier denial of his petition was affected; the court denied his request for a certificate of appealability.
What happened
In Anderson v. Janssen, the court considered Anderson’s request for permission to appeal after it had denied his petition under 28 U.S.C. § 2254.
The court explained that permission to appeal may issue only when a petitioner makes a substantial showing that a constitutional right was denied. It concluded that no reasonable judge would find the court’s earlier evaluation of Anderson’s constitutional claims debatable or wrong.
Judge Wilhelmina M. Wright denied Anderson’s motion for a certificate of appealability, and no certificate was issued.
The detailed version
- Anderson v. Janssen · No. 0:17-cv-04480
- Wilhelmina Wright
- Mar. 11, 2019
Background
On February 21, 2019, the court rejected a magistrate judge’s report and recommendation and denied Andre Verlin Anderson’s petition under 28 U.S.C. § 2254. That earlier order did not decide whether Anderson should receive a certificate of appealability. Anderson then moved for one.
Legal standard
A certificate of appealability is required before a person who filed a petition under § 2254 may appeal an adverse district-court ruling. The certificate may issue only if the petitioner makes a substantial showing that a constitutional right was denied. The relevant question is whether reasonable judges could find the district court’s evaluation of the constitutional claims debatable or wrong.
Reasoning and ruling
The court relied on the review standard applied in its February 21 order. It stated that no reasonable judge would find its assessment of Anderson’s constitutional claims debatable or wrong. The court therefore denied Anderson’s motion for a certificate of appealability and ordered that no certificate issue. Judge Wilhelmina M. Wright signed the order.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.