JOINER v. HOUSTON COUNTY SHERIFF DEPARTMENT

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IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
MACON DIVISION
ERVIN JOINER,
Plaintiff,
v.
HOUSTON COUNTY SHERIFF’S
DEPARTMENT,
Defendant.
CIVIL ACTION NO.
5:25-cv-00145-TES
ORDER
On November 25, 2025, the Court dismissed Plaintiff’s 28 U.S.C. § 2254 claims
and denied Plaintiff a certificate of appealability (“COA”). [Doc. 14]. Plaintiff now files a
Motion for Leave to Appeal In Forma Pauperis (“IFP”) and a Notice of Appeal. [Doc. 19];
[Doc. 16]. However, Plaintiff’s Notice of Appeal does not list any issues Plaintiff intends
to present on appeal, as required under Federal Rule of Appellate Procedure 24(a). Fed.
R. App. P. 24(a). Instead, Plaintiff appears to summarize both this case and state court
proceedings, and asks for a “date to be reviewed before this court . . . .” [Doc. 16]. In
addition to not complying with Rule 24, Plaintiff also may not appeal without a COA.
Cobble v. Sellers, No. 5:14-cv-313-MTT, 2014 WL 5364028, at *1 (M.D. Ga. Oct. 21, 2014)
(“Petitioner cannot appeal without a certificate of appealability so his Motion for Leave
to Proceed In Forma Pauperis . . . is moot.”). This Court denied Plaintiff a COA. [Doc. 14].
Accordingly, Plaintiff’s Motion for Leave to Proceed IFP is DENIED as moot.
Case 5:25-cv-00145-TES-CHW Document 21 Filed 01/27/26 Page 1 of 2

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SO ORDERED, this 27th day of January, 2026.
S/ Tilman E. Self, III
TILMAN E. SELF, III, JUDGE
UNITED STATES DISTRICT COURT
Case 5:25-cv-00145-TES-CHW Document 21 Filed 01/27/26 Page 2 of 2