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McCOWAN v. GARCIA

September 21, 2005.

Emmanuel McCowan, Plaintiff(s),
v.
Silvia Garcia, Warden, Defendant(s).



The opinion of the court was delivered by: JAMES WARE, District Judge

ORDER DENYING REQUEST FOR CERTIFICATE OF APPEALABILITY

On August 12, 2005, the Court issued an Order denying Emmanuel McCowan's Petition for a Writ of Habeas Corpus. On September 8, 2005, Petitioner filed a notice of appeal and request for a certificate of appealability. Pursuant to 28 U.S.C. section 2253(c)(1), there shall be no right of appeal unless a judge issues a certificate of appealability. The Court denies Petitioner's request for a certificate of appealability because Petitioner has failed to make the requisite "substantial showing of the denial of a constitutional right." 28 U.S.C. section 2253(c)(2).

20050921

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