Pena v. U.S.

Full title: ISAGANI P. DELA PENA, JR., Petitioner, v. UNITED STATES OF AMERICA…

Court: United States District Court, D. Guam

Date published: Mar 30, 2006

Criminal Case No. 00-00126, Civil Case No. 04-00004 (D. Guam Mar. 30, 2006)

Opinion

Criminal Case No. 00-00126, Civil Case No. 04-00004.

March 30, 2006

ORDER

ROBERT TAKASUGI,[fn*] Senior District Judge [fn*] The Honorable Robert M. Takasugi, United States District Judge for Central California, by designation.

This matter comes before the Court on Petitioner Isagani P. Dela Pena Jr.'s ("Dela Pena") Motion for Certificate of Appealability ("motion")¹ following the Court's denial of his motion to correct sentence pursuant to 28 U.S.C. § 2255. A certificate of appealability may be issued from a final order in a proceeding under § 2255 "only if the applicant has made a substantial showing of the denial of a constitutional right." 28 U.S.C. § 2253(c)(2). Dela Pena has made no such showing. Instead, Dela Pena essentially reasserts the arguments raised in his initial motions. Dela Pena fails to allege any new information to substantially support his claims.

1 The Court notes that Dela Pena has more recently filed a second motion entitled "MOTION FOR ACCELERATED ADJUDICATION OF MOTION FOR CERTIFICATE OF APPEALABILITY." See Docket No. 150. Since the Court is addressing Dela Pena's request for a certificate of appealability on its merits, this second motion is moot and will not be considered further.

On this basis, the Court will not issue a certificate of appealability. Dela Pena has not substantially demonstrated the denial of his constitutional rights, pursuant to 28 U.S.C. § 2253(c)(2) nor has he demonstrated that the issues surrounding this Court's denial of Dela Pena's § 2255 petition are "debatable among jurists of reason." See, Jennings v. Woodford, 290 F.3d 1006, 1010 (9^th Cir. 2002). Accordingly, Dela Pena's motion for a certificate of appealability is DENIED.

IT IS SO ORDERED