Opinion
Case No. 04-CV-70850-DT.
March 24, 2006
ORDER DENYING MOTION FOR RECONSIDERATION OF THE DENIAL OF A CERTIFICATE OF APPEALABILITY
This is a pro se habeas corpus action under 28 U.S.C. § 2254. The Court dismissed the habeas petition on February 14, 2006 on the grounds that it was barred by the statute of limitations. Petitioner then filed a notice of appeal, which included a motion for rehearing, and a letter request for discovery materials. The Court treated the notice of appeal as an application for a certificate of appealability (COA), Slack v. McDaniel, 529 U.S. 473, 483 (2000), and construed Petitioner's letter request as a motion to compel discovery under Federal Rule of Civil Procedure 37. The Court denied a COA and motion to compel discovery. See Order filed March 2, 2006.
Now before the Court is Petitioner's motion for a COA in which he argues that a COA is warranted. The Court construes the motion as a motion for reconsideration of the denial of a COA.
The Court has read the motion and finds no basis for altering its conclusion that a COA is not warranted. Regardless of the substance of Petitioner's claims, the petition is clearly barred by the statute of limitations even under a generous reading of the statute. Reasonable jurists would not debate this determination or find that the petition deserves to proceed further.
Accordingly, the motion is DENIED.
SO ORDERED.