Opinion
2:01-CV-0189
April 21, 2004
ORDER DENYING ISSUANCE OF A CERTIFICATE OF APPEALABILITY
On April 19, 2004, petitioner LUCIO G. RIVERA filed a Notice of Appeal in the above-captioned habeas corpus case in which the detention complained of arises out of process issued by a State court. Petitioner submitted, with his Notice of Appeal, a motion for a Certificate of Appealability.
On March 24, 2004, the United States Magistrate Judge entered a Report and Recommendation to the United States District Judge recommending therein that the Petition for a Writ of Habeas Corpus filed by petitioner be denied. On April 8, 2004, petitioner filed his objections to the Report and Recommendation. An Order Overruling Objections, Adopting Report and Recommendation, and Denying Petition for a Writ of Habeas Corpus, together with a corresponding Judgment, were filed of record on April 9, 2004.
Having considered the record in this case, the undersigned is of the opinion that petitioner has not made a prima facie showing for issuance of a certificate of appealability under 28 U.S.C. § 2253(c)(1), viz., a substantial showing of the denial of a constitutional right. Consequently, for this reason, and for the reasons stated in the Report and Recommendation and the Order adopting the Report and Recommendation and denying the petition, a Certificate of Appealability is hereby denied . Petitioner's motion is DENIED accordingly.
IT IS SO ORDERED.