Opinion
05-CV-618(JS).
May 5, 2006
Jefferson McLamb, Pro Se, Rome, New York 13442, for Petitioner.
Marcia R. Kucera, Esq., Riverhead, New York 11901, for Respondents.
MEMORANDUM ORDER
On December 15, 2005, this Court issued an Order ("December Order") denying pro se Petitioner Jefferson McLamb's habeas corpus petition pursuant to 28 U.S.C. §§ 2254 and 2244. On January 20, 2006, Petitioner appealed the December Order to the Second Circuit Court of Appeals and requested a certificate of appealability.
Pursuant to Federal Rule of Appellate Procedure 22(b) and 28 U.S.C. § 2253(c)(2), Petitioner's request for a certificate of appealability is DENIED. Petitioner has not made a substantial showing of denial of a constitutional right. See Miller-El v. Cockrell, 537 U.S. 322, 327, 123 S. Ct. 1029, 154 L. Ed. 2d 931 (2003). Petitioner must apply to the Circuit for further relief.
SO ORDERED.