McAllister v. U.S.

Full title: SHAWN McALLISTER, Petitioner, v. UNITED STATES OF AMERICA, Respondent

Court: United States District Court, W.D. North Carolina, Asheville Division

Date published: Feb 16, 2006

Civil No. 1:03CV211, No. (1:00CR2) (W.D.N.C. Feb. 16, 2006)

Opinion

Civil No. 1:03CV211, No. (1:00CR2).

February 16, 2006

ORDER

LACY THORNBURG, District Judge

THIS MATTER is before the Court on the Petitioner's request for a certificate of appealability regarding the Judgment filed November 5, 2005, denying his § 2255 motion and the Order filed December 9, 2005, denying his motion for reconsideration.

An appeal may not be taken to the court of appeals from the denial of a motion pursuant to 28 U.S.C. § 2255 unless a certificate of appealability has been issued. 28 U.S.C. § 2253(c)(1)(B). Such a certificate may not issue unless the applicant has made a substantial showing of the denial of a constitutional right. 28 U.S.C. § 2253(c)(2). The Petitioner has not made such a showing.

IT IS, THEREFORE, ORDERED that the Petitioner's motion for a certificate of appealability is hereby DENIED.