Ervin Joiner v. Houston County Sheriff's Department - Civil Case

Middle District of Georgia Opinions

Filed January 27th, 2026

Detected March 3rd, 2026

Summary

The U.S. District Court for the Middle District of Georgia denied a prisoner's motion for leave to appeal in forma pauperis. The court found the notice of appeal did not comply with federal rules and that a certificate of appealability, previously denied, was required.

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What changed

The U.S. District Court for the Middle District of Georgia, in the case of Ervin Joiner v. Houston County Sheriff's Department (Docket No. 5:25-cv-00145-TES), issued an order on January 27, 2026, denying the plaintiff's Motion for Leave to Appeal In Forma Pauperis. The court cited the plaintiff's failure to comply with Federal Rule of Appellate Procedure 24(a) by not listing issues for appeal and the prior denial of a certificate of appealability as grounds for the decision.

This order signifies the closure of the plaintiff's attempt to appeal the dismissal of his 28 U.S.C. § 2254 claims through this specific motion. For legal professionals involved in federal appeals, this case underscores the importance of adhering strictly to procedural rules, including the requirement for a certificate of appealability in certain cases and the proper formatting of notices of appeal. No further action is required by regulated entities as this is a specific case ruling.

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Jan. 27, 2026 Get Citation Alerts Download PDF Add Note

Ervin Joiner v. Houston County Sheriff’s Department

District Court, M.D. Georgia

Citations: None known
Docket Number: 5:25-cv-00145
Precedential Status: Unknown Status
Opinion
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Trial Court Document

IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF GEORGIA

MACON DIVISION

ERVIN JOINER,

Plaintiff,

CIVIL ACTION NO.

v.

5:25-cv-00145-TES

HOUSTON COUNTY SHERIFF’S

DEPARTMENT,

Defendant.

                    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.

SO ORDERED, this 27th day of January, 2026.

S/ Tilman E. Self, III

TILMAN E. SELF, III, JUDGE

UNITED STATES DISTRICT COURT