Opinion
NO. 5:06-cv-108 (HL).
April 1, 2009
ORDER
Before the Court is petitioner JAMES G. BOFINGER'S motion for a Certificate of Appealability ("COA"). Petitioner seeks to appeal the judgment of this Court denying his application for habeas relief under 28 U.S.C. § 2254. Under section 2253(c)(2), a COA may issue only if the applicant makes "a substantial showing of the denial of a constitutional right." This requires a petitioner to demonstrate that "reasonable jurists would find the district court's assessment of the constitutional claims debatable or wrong." See also Slack v. McDaniel , 529 U.S. 473, 478 (2000). The Court finds reasonable jurists could not find that a dismissal of petitioner's claims was debatable or wrong. Accordingly, it is hereby ORDERED that petitioner's application for a COA be DENIED.
It is further ORDERED that petitioner's motion to proceed IFP on appeal be DENIED AS MOOT.