Opinion
CIVIL CASE NO. 2:06cv28 CRIMINAL CASE NO. 2:99cr81
12-15-2011
PETER K. STERN, Petitioner, v. UNITED STATES OF AMERICA, Respondent.
ORDER
THIS MATTER is before the Court on the Petitioner's Motion for Reconsideration [Doc. 30] and Affidavit in Support [Doc. 30-1], filed on November 23, 2011.
Having carefully reviewed Petitioner's motion and affidavit, and having determined that the issues raised by the Petitioner that are properly before the Court have been addressed in this Court's prior order, the Court therefore denies Petitioner's request for reconsideration. Pursuant to Rule 11(a) of the Rules Governing Section 2255 Proceedings for the United States District Courts, this Court declines to issue a certificate of appealability as Petitioner is unable to make a substantial showing of the denial of a constitutional right. See 28 U.S.C. § 2253(c)(2); Miller-El v. Cockrell, 537 U.S. 322, 336-38, 123 S.Ct. 1029, 154 L.Ed.2d 931 (2003) (holding that in order to satisfy § 2253(c), a petitioner must demonstrate that reasonable jurists would find the district court's assessment of the constitutional claims debatable or wrong) (citing Slack v. McDaniel, 529 U.S. 473, 120 S.Ct. 1595, 146 L.Ed.2d 542 (2000)).
IT IS, THEREFORE, ORDERED that Petitioner's Motion for Reconsideration [Doc. 30] is DENIED.
IT IS FURTHER ORDERED that the Court declines to issue a certificate of appealability.
IT IS SO ORDERED.
Maitin Reidinger
United States District Judge