Opinion
CIVIL ACTION NO.: 5:07-CV-413 (HL).
June 21, 2010
ORDER
Petitioner YUSUF SHABAZZ has filed a notice of appeal (R. at 50, 51) from the Court's Order that denied his 28 U.S.C. § 2254 petition. (R. at 48). The Eleventh Circuit Court of Appeals has mandated that the Court construe petitioner's notice of appeal as an application for a certificate of appealability ("COA") pursuant to 28 U.S.C. § 2253(c). Edwards v. United States, 114 F.3d 1083 (11th Cir. 1997). Under § 2253(c), a COA may issue only if the applicant has made a substantial showing of the denial of a constitutional right. For the reasons stated in this Court's May 18, 2010 Order, the Court finds that petitioner has not made a substantial showing of the denial of a constitutional right. 28 U.S.C. § 2253(c)(2). Accordingly, the application for a COA is DENIED.
Also before the Court is petitioner's motion for leave to proceed in forma pauperis on appeal (R. at 52). Said motion is DENIED AS MOOT. SO ORDERED.