Opinion
No. 1:03-cv-424/1:00-cr-115.
May 4, 2005
ORDER
In accordance with the accompanying memorandum, Ronnie E. Bullard, Jr.'s motion for relief pursuant to 28 U.S.C. § 2255 [Court File No. 1] is DENIED. This action for post-conviction relief is DISMISSED.
Should Bullard file a timely notice of an appeal from this order, such notice will be treated as an application for a certificate of appealability, which is hereby DENIED since he has failed to make a substantial showing of the denial of a constitutional right. 28 U.S.C. § 2253(c)(2); FED. R. APP. P. 22(b).
In addition, the Court has reviewed this case pursuant to 28 U.S.C. § 1915(a)(3) and Rule 24 of the FEDERAL RULES OF APPELLATE PROCEDURE and hereby CERTIFIES that any appeal from this action would not be taken in good faith and would be totally frivolous. Therefore, any application by Bullard for leave to proceed in forma pauperis on appeal is DENIED. 28 U.S.C. § 1915(a)(3); FED. R. APP. P. 24.
SO ORDERED.