Opinion
Civil Action No. 04-74045.
February 1, 2006
ORDER (1) DENYING A CERTIFICATE OF APPEALABILITY, AND (2) DENYING APPLICATION TO PROCEED IN FORMA PAUPERIS
Petitioner filed a notice of appeal pursuant to 28 U.S.C. § 2255. In order to appeal the court's decision under § 2255, a certificate of appealability ("COA") must issue. See 28 U.S.C. § 2253(c)(1). Petitioner filed a Motion for Certificate of Appealability and an Application to Proceed In Forma Pauperis on January 13, 2006.
In the Court's December 1, 2005 Order denying Petitioner's Habeas Corpus petition, the Court explicitly declined to issue a certificate of appealability on any of Petitioner's claims, and denied Petitioner leave to proceed on appeal in forma pauperis. (Dec. 1, 2005 Order Denying Habeas Corpus Petition, 12-13) (Docket Entry 24).
Accordingly, IT IS ORDERED that Petitioner's Motion for Certificate of Appealability is DENIED;
IT IS FURTHER ORDERED that Petitioner's Application to Proceed In Forma Pauperis is DENIED.