Opinion
2:99-CV-0389 **Capital Litigant**
April 22, 2004
ORDER DENYING ISSUANCE OF A CERTIFICATE OF APPEALABILITY
On April 19, 2004, petitioner ROBERT JAMES ANDERSON filed a notice of appeal in the above-captioned habeas corpus case in which the detention complained of arises out of process issued by a State court. By his notice, petitioner appeals the Order Adopting Findings and Recommendations and Denying Petition for Writ of Habeas Corpus and Judgment entered on March 23, 2004 by the undersigned United States District Judge.
Having considered the record in this case, the undersigned is of the opinion that petitioner has not made a prima facie showing for issuance of a certificate of appealability under 28 U.S.C. § 2253(c)(1). For the reasons stated in the Magistrate Judge's February 27, 2004 Findings and Recommendations, a Certificate of Appealability is hereby denied.
IT IS SO ORDERED.