Carvente-Perez v. United States

Full title: DEONICIO CARVENTE-PEREZ, Petitioner, v. UNITED STATES OF AMERICA…

Court: United States District Court, Ninth Circuit, California, S.D. California

Date published: Nov 9, 2012

Civ. 11-0632GT (S.D. Cal. Nov. 9, 2012)

Opinion

DEONICIO CARVENTE-PEREZ, Petitioner, v. UNITED STATES OF AMERICA Respondent. Civ. No. 11-0632GT Cr. No. 10-0367GT United States District Court, S.D. California. November 9, 2012

          ORDER

          GORDON THOMPSON, Jr., District Judge.

         On November 5, 2012, Petitioner, Deonicio Carvente-Perez, submitted a Notice of Appeal, which requires a certificate of appealability. However, an appeal may not be taken unless this Court issues a certificate of appealability pursuant to 28 U.S.C. § 2253(c)(1). In order to receive a Certificate of Appealability, Petitioner must make "a substantial showing of the denial of a constitutional right." 28 U.S.C. § 2253(c)(2).

         After reviewing Petitioner's Notice of Appeal, the record in this case and the order denying Petitioner's Motion to Vacate, Set Aside or Modify Sentence pursuant to 28 U.S.C. § 2255, the Court finds that the Petitioner has not made a substantial showing of a denial of a constitutional right. Accordingly,

         IT IS ORDERED that this Court will not issue a certificate of appealability in this case.

         IT IS SO ORDERED.