Opinion
Case No. CV 09-7440-JFW Case No. CR 04-1667-JFW
08-26-2011
Lario Javier Avila, Petitioner, v. United States of America, Respondent.
JUDGMENT
Pursuant to this Court's August 26, 2011 Order denying Petitioner Lario Javier Avila's Motion Under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence By a Person in Federal Custody,
IT IS NOW, THEREFORE, HEREBY ORDERED, ADJUDGED AND DECREED, that the above-captioned action is dismissed with prejudice.
If Petitioner gives timely notice of an appeal from this Order, such notice shall be treated as an application for a certificate of appealability, 28 U.S.C. § 2253(c), which will not issue because Petitioner has failed to make a substantial showing of the denial of a constitutional right. Miller-El v. Cockrell, 537 F.3d 322 (9th Cir. 2003); Williams v. Woodford, 384 F.3d 567 (9th Cir. 2004).
JOHN F. WALTER
UNITED STATES DISTRICT JUDGE