Opinion
08 Civ. 3224 (RPP), 04 Cr. 447 (RPP).
February 24, 2009
OPINION AND ORDER
On January 28, 2009, this Court filed a decision on Petitioner's motion to vacate his sentence based on ineffective assistance of counsel.
Petitioner filed a notice of appeal on February 6, 2009 which the Court of Appeals for the Second Circuit liberally construes as including an application for a certificate of appealability. Certificates of Appealability are governed by 28 U.S.C. § 2253 and Rule 22 of the Federal Rules of Appellate Practice.
As Petitioner's motion to vacate did not make a substantial showing of denial of a constitutional request, a certificate of appealability will not issue. 28 U.S.C. § 2253; see Lozada v. United States, 107 F.2d 1011 (2d Cir. 1997) abrogated on other grounds by United States v. Perez, 129 F.3d 255, 259-60 (2d Cir. 1997).
IT IS SO ORDERED.