Opinion
NO. 4:00-CV-504-A
March 22, 2001
ORDER
The Fifth Circuit has determined that this court should rule on requests for certificates of appealability, Muniz v. Johnson, 114 F.3d 43 (5th Cir. 1997), and that a notice of appeal should be construed as a request for certificate of appealability. Murphy v. Johnson, 110 F.3d 10, 11 (5th Cir. 1997). The court is construing the notice of appeal filed by petitioner, Eligah Darnell, Jr., as such a request and finds that same should be denied. For the reasons discussed in the February 20, 2001, court's order, and in the February 7, 2001, findings, conclusions, and recommendation of the United States Magistrate Judge, petitioner has not made a substantial showing of the denial of a constitutional right. 28 U.S.C. § 2253 (c)(2).
Therefore,
The court ORDERS that petitioner's request for certificate of appealability be, and is hereby, denied.