Berry v. Warden, Southern Ohio Correctional Facility

*331ORDER

Donny L. Berry, an Ohio prisoner, represented by counsel, filed a notice of appeal from the district court’s judgment denying his amended 28 U.S.C. § 2254 habeas corpus petition. The court construes Berry’s timely appeal as an application for a certificate of appealability (“COA”). See Fed. R. App. P. 22(b). He also requests permission to proceed in for-*332ma pauperis (“IFP”) on appeal and moves for the appointment of counsel.

In November 2011, an Ohio jury found Berry guilty of aggravated murder in violation of Ohio Revised Code § 2903.01(A), involuntary manslaughter in violation of §…