Opinion
NO. 7:00-CR-12 (HL).
August 30, 2010
ORDER
Before the Court is petitioner DAVID A. CAWTHON'S notice of appeal (Tab # 590) and request for a Certificate of Appealability ("COA") (Tab # 591), from the Court's order that petitioner's 28 U.S.C. § 2255 motion be denied (Tab # 583). 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 Slack v. McDaniel , 529 U.S. 473, 478 (2000).
For the reasons stated in Magistrate Judge G. Mallon Faircloth's June 26, 2009, recommendation (Tab # 499) and this Court's July 12, 2010 order accepting the same, the Court concludes 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 (Tab # 598) be DENIED AS MOOT.