Opinion
No. Civ. S-03-1269-DFL-KJM-P.
March 2, 2007
ORDER
Petitioner, a state prisoner proceeding pro se, brings this petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Pending before the court is petitioner's request for a certificate of appealability.
Before petitioner can appeal this court's dismissal of his application for a writ of habeas corpus, a certificate of appealability must issue. See 28 U.S.C. § 2253(c); Fed.R.App.P. 22(b). A certificate of appealability may issue under 28 U.S.C. § 2253 "only if the applicant has made a substantial showing of the denial of a constitutional right." 28 U.S.C. § 2253(c)(2). The court must either issue a certificate of appealability indicating which issues satisfy the required showing or must state the reasons why such a certificate should not issue. See Fed.R.App.P. 22(b). For the reasons set forth in the magistrate judge's Findings and Recommendations, petitioner has not made a substantial showing of the denial of a constitutional right. Specifically, petitioner has failed to demonstrate that a rational trier of fact could not have found beyond a reasonable doubt that he intended to kill the victim.
Accordingly, IT IS HEREBY ORDERED that petitioner's request for a certificate of appealability is denied.
IT IS SO ORDERED.