Chambliss v. U.S.

Full title: MICHAEL CHAMBLISS, Petitioner, v. UNITED STATES OF AMERICA, Respondent

Court: United States District Court, M.D. Georgia, Macon Division

Date published: Aug 27, 2009

CASE NO. 5:08-CV-90034 (HL), CASE NO. 5:06-CR-31 (HL) (M.D. Ga. Aug. 27, 2009)

Opinion

CASE NO. 5:08-CV-90034 (HL), 28 U.S.C. § 2255, CASE NO. 5:06-CR-31 (HL).

August 27, 2009

ORDER

HUGH LAWSON, District Judge

Before the Court is petitioner MICHAEL CHAMBLISS' application for a certificate of appealability ("COA") (R. at 230) from the Court's July 23, 2009 Order (R. at 228), which adopted the United States Magistrate Judge's Report and Recommendation that petitioner's 28 U.S.C. § 2255 motion be denied (R. at 224).

Under 28 U.S.C. § 2253(c), a COA may issue only if the applicant has made a substantial showing of the denial of a constitutional right. For the reasons stated in the United States Magistrate Judge's Report and Recommendation and this Court's Order adopting the same, the Court finds that petitioner has not made a substantial showing of the denial of a constitutional right. 28 U.S.C. § 2253(c)(2).

Accordingly, the application for a COA is DENIED.

SO ORDERED.