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United States of America v. Sundeep Dharni

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


June 6, 2011

UNITED STATES OF AMERICA, PLAINTIFF,
v.
SUNDEEP DHARNI,
DEFENDANT.

The opinion of the court was delivered by: Edward J. Garcia, Judge United States District Court

ORDER DENYING REQUEST FOR CERTIFICATE OF APPEALABILITY

Defendant, a federal prisoner proceeding pro se, has filed a Notice of Appeal from this court's March 31, 2011 order denying his § 2255 motion to vacate, set aside or correct his sentence. He has also filed a request for a certificate of appealability, which certificate must be issued before defendant can appeal the decision. See Fed. R. App. P. 22(b). Such 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. P. 22(b)(1).

For all of the reasons stated in the court's March 31, 2011 order, defendant has not made a substantial showing of the denial of a constitutional right. Accordingly, the motion for a certificate of appealability is DENIED.

IT IS SO ORDERED.

Edward J. Garcia

20110606

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