Opinion
4:04-CR-00147-10-WRW 4:07-CV-00838-WRW.
April 21, 2008
ORDER
Pending is Petitioner's Motion for Certificate of Appealability (Doc. No. 628).
The standard for evaluating a certificate of appealability petition is established in 28 U.S.C. § 2253(c)(2): "A certificate of appealability may issue . . . only if the applicant has made a substantial showing of the denial of a constitutional right." The Eighth Circuit has explained that "[a] substantial showing is a showing that issues are debatable among reasonable jurists, a court could resolve the issues differently, or the issues deserve further proceedings."
Cox v. Norris, 133 F.3d 565, 569 (8th Cir. 1997).
Since Petitioner has not made a substantial showing of the denial of any constitutional right, the Motion for Certificate of Appealability is DENIED.
IT IS SO ORDERED