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Walters v. United States

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA


August 26, 2009

MARTIN EDWARD WALTERS, PETITIONER,
v.
UNITED STATES OF AMERICA, RESPONDENT.

The opinion of the court was delivered by: Hon. Dana M. Sabraw United States District Judge

ORDER DENYING REQUEST FOR CERTIFICATE OF APPEALABILITY

On February 12, 2009, this Court issued an Order denying Petitioner Martin Edward Walter's motion to vacate, set aside, or correct his sentence pursuant to 28 U.S.C. § 2255. (Doc. 247.) Petitioner filed a notice of appeal and an application for certificate of appealability,*fn1 on August 19, 2009. (Doc. 251.)

A certificate of appealability is authorized "if the applicant has made a substantial showing of the denial of a constitutional right." 28 U.S.C. § 2253(c)(2). "A petitioner satisfies this standard by demonstrating that jurists of reason could disagree with the district court's resolution of his constitutional claims or that jurists could conclude the issues presented are adequate to deserve encouragement to proceed further." Miller-El v. Cockrell, 537 U.S. 322, 327 (2003).

Having reviewed the application, petition, and the February 12, 2009 Order denying the petition, the Court finds Petitioner has failed to demonstrate that reasonable jurists would find this Court's denial of the petition debatable. Therefore, the Court denies Petitioner's request for a certificate of appealability.

IT IS SO ORDERED.


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