IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
June 6, 2011
UNITED STATES OF AMERICA, PLAINTIFF,
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
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