Opinion
NO. 5:05-CR-59 (HL).
November 5, 2009
ORDER
Before the Court is petitioner DON GORDON HENRY'S Certificate of Appealability ("COA") from the Court's August 5, 2009 order, which adopted Magistrate Judge G. Mallon Faircloth's recommendation that petitioner's 28 U.S.C. § 2255 motion be denied. Under section 2253(c)(2), a COA may issue only if the applicant makes "a substantial showing of the denial of a constitutional right." This requires a petitioner to demonstrate that "reasonable jurists would find the district court's assessment of the constitutional claims debatable or wrong." See Slack v. McDaniel, 529 U.S. 473, 478 (2000).
For the reasons stated in Magistrate Judge Faircloth's recommendation and this Court's order accepting the same, the Court finds reasonable jurists could not find that a dismissal of petitioner's claims was debatable or wrong. Accordingly, it is hereby ORDERED that petitioner's application for a COA be DENIED.
It is further ORDERED that petitioner's motion to proceed IFP on appeal be DENIED AS MOOT.