Opinion
No. 2:04-CV-0058.
August 30, 2004
ORDER ADOPTING RECOMMENDATION TO DENY MOTION FOR LEAVE TO APPEAL AND TO DENY ISSUANCE OF A CERTIFICATE OF APPEALABILITY
Petitioner MICHAEL LOU GARRET has filed a Notice of Appeal, a Motion for Leave to Appeal, and a petition for Certificate of Appealability in this case in which the detention complained of arises out of process issued by a State court. On August 17, 2004, the United States Magistrate Judge entered a Recommendation to the United States District Judge recommending therein that no Certificate of Appealability issue, that petitioner's petition for Certificate of Appealability be denied, and that the motion for leave to appeal be denied. On August 25, 2004, petitioner filed objections to the Recommendation.
Having considered the record in this case, the undersigned is of the opinion the Magistrate's Recommendation should be adopted. Petitioner has not made a prima facie showing for issuance of a certificate of appealability under 28 U.S.C. § 2253(c)(1), viz., a substantial showing of the denial of a constitutional right. Consequently, for this reason, and for the reasons stated in the Recommendation, defendant's motion for leave to appeal and petition for certificate of appealability are hereby DENIED. Issuance of a Certificate of Appealability is DENIED.
IT IS SO ORDERED.