DONALD RUNNELS v. PRESLEY BORDELON (2017)

ORDER:

Donald Runnels, Louisiana prisoner # 187611, seeks a certificate of appealability (“COA”) to challenge the dismissal of his 28 U.S.C. § 2254 petition as barred by limitations. He contends, with the benefit of liberal construc-tion of his reasoning, that earlier § 2254 petitions, which he filed in the South-ern District of Texas and the Western District of Louisiana, rendered his current § 2254 petition timely filed. Additionally, in this court, Runnels has filed numerous motions, seeking release, entry of judgment, to correct an ille-gal sentence, leave to supplement his COA application, leave to file a motion to reverse his conviction, to expedite his appeal, and to submit his appeal on the briefs.

A COA may issue only if Runnels makes “a substantial showing of the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2); see also Miller-El v. Cockrell, 537 U.S. 322, 336 (2003). Because the district court denied relief on procedural grounds, this court will grant a COA only if Runnels shows that reasonable jurists would debate whether the district court's procedural ruling is correct and whether the petition states a valid claim of a constitutional depri-vation. See Slack v. McDaniel, 529 U.S. 473, 484 (2000).

Runnels has not made this showing. See Duncan v. Walker, 533 U.S. 167, 181-82 (2001). Accordingly, the motion for a COA is DENIED. Runnels's motion for leave to supplement his COA application is GRANTED. His remain-ing motions are DENIED.

JERRY E. SMITH United States Circuit Judge