Oquendo-Figueroa v. U.S.

Full title: LUIS OQUENDO-FIGUEROA, Petitioner, v. UNITED STATES OF AMERICA, Respondent

Court: United States District Court, D. Puerto Rico

Date published: Sep 23, 2005

Civil Nos. 04-2104 (JAF), 04-2144 (JAF), (Criminal No. 00-048) (D.P.R. Sep. 23, 2005)

Opinion

Civil Nos. 04-2104 (JAF), 04-2144 (JAF), (Criminal No. 00-048).

September 23, 2005

ORDER

JOSE FUSTE, District Judge

Petitioner, Luis Oquendo-Figueroa, requests a certificate of appealability from this court to appeal our dismissal on June 7, 2005, of his 28 U.S.C. § 2255 petition. See 28 U.S.C. § 2253(c)(2) (1996).

A certificate of appealability may be granted only upon a substantial showing of the denial of a constitutional right. 28 U.S.C. §§ 2253(c)(2) and (3) (1996). Upon reviewing the record, we find Petitioner's claim entirely insubstantial for the reasons stated in our Opinion and Order of June 7, 2005, Docket Document No. 13. Accordingly, we DENY Petitioner's request for a certificate of appealability, Docket Document No. 17.

IT IS SO ORDERED.