Opinion
2:06-cv-01944-RCT.
June 29, 2009
ORDER
This court dismissed the Petitioner Kevin Boyce's petition for writ of habeas corpus on June 2, 2009. On June 14, 2010, Boyce petitioned for a certificate of appealability. A certificate of appealability is required before an appeal can be taken. 28 U.S.C. § 2253(c); Fed.R.App.P. 22(b).
A certificate of appealability may issue "only if the applicant has made a substantial showing of the denial of a constitutional right." 28 U.S.C. § 2253(c)(2). A petitioner must show that the issue to be appealed is "debatable among jurists of reason," that different courts could resolve the issue differently, or that the question "deserve[s] encouragement to proceed further." Barefoot v. Estelle, 463 U.S. 880, 893 n. 4 (1983) (superseded on other grounds by 28 U.S.C. § 2253(c)) (citations omitted).
For the reasons set forth in this court's June 2, 2009, order dismissing the petition, Boyce has failed to make a substantial showing of the denial of a constitutional right to a full and fair hearing on his Fourth Amendment motion to suppress. Moreover, Boyce has not filed a notice of appeal, and the time limit for him to do so expired nearly a year ago. For all of these reasons, Boyce's petition for a certificate of appealability is denied.