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United States v. Campos

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


August 6, 2009

UNITED STATES OF AMERICA, PLAINTIFF,
v.
JUAN RAMIREZ CAMPOS, DEFENDANT.

The opinion of the court was delivered by: Edward J. Garcia, Judge

ORDER DENYING CERTIFICATE OF APPEALABILITY

Defendant, a federal prisoner proceeding pro se, filed a § 2255 motion to vacate, set aside or correct his sentence on January 14, 2009, which motion the court denied by order filed April 8, 2009. Defendant filed a Notice of Appeal from that order April 23, 2009. On August 5, 2009, the Ninth Circuit remanded the case to this court for the limited purpose of granting or denying a certificate of appealability.*fn1

A certification may issue "only if [defendant] has made a substantial showing of the denial of a constitutional right." 28 U.S.C. § 2253( c )(2). The court must either issue a certificate of appealability indicating which issues satisfy the required showing or must state the reasons why such a certificate should not issue. Fed. R. App. 22(b)(1). For the reasons articulated by the court in its April 9, 2009 order, defendant's motion is procedurally time-barred and substantively deficient. Therefore, defendant has failed to make a substantial showing of the denial of a constitutional right and the request for a certificate of appealability is DENIED.

IT IS SO ORDERED.


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