Opinion
Civil No. 05-1370 (JAF), (Criminal No. 01-379).
July 21, 2005
ORDER
Petitioner, Manuel Buenaventura Brito-Tolentino, requests a certificate of appealability from this court to appeal our denial on June 2, 2005, of his 28 U.S.C. § 2255 petition.See 28 U.S.C. § 2253(c)(2) (1996). A certificate of appealability may be granted only upon a substantial showing of the denial of a constitutional right. 28 U.S.C. §§ 2253(c)(2) and (3) (1996).
On July 11, 2005, Petitioner filed a "Notice of Appeal" before this court, Docket Document No. 5, which contained the request for a certificate of appealability which we address herein.
Upon reviewing the record, we find Petitioner's claim entirely insubstantial for the reasons stated in our Opinion and Order of June 2, 2005, Docket Document No. 3. Accordingly, we DENY Petitioner's request for a certificate of appealability.