Stanford v. U.S.

Full title: LARRY EARL STANFORD, Petitioner, v. UNITED STATES OF AMERICA, Respondent

Court: United States District Court, M.D. Florida, Jacksonville Division

Date published: Feb 1, 2006

Case No. 3:05-cv-1078-J-12HTS 3:88-cr-215-J-12 (M.D. Fla. Feb. 1, 2006)

Opinion

Case No. 3:05-cv-1078-J-12HTS 3:88-cr-215-J-12.

February 1, 2006

ORDER

HOWELL MELTON, Senior District Judge

This cause is before the Court on the Petitioner's Notice of Appeal (Civ. Doc. 10), filed January 30, 2006, which the Court construes as a request for a Certificate of Appealability (Civ. Doc. 11).

The Petitioner seeks to appeal the Court's Order (Civ. Doc.8, Crim. Doc. 1756) filed January 12, 2006, dismissing his § 2255 motion as untimely.

The Court finds that the Petitioner has not made a substantial showing of the denial of a constitutional right for the reasons set forth in the Court's previous Order (Civ. Doc.8, Crim. Doc. 1756). As a result, the Petitioner's request for a Certificate of Appealability must be denied. Accordingly, it is

ORDERED AND ADJUDGED:

That the Petitioner's request for Certificate of Appealability (Civ. Docs. 10 and 11) is denied

DONE AND ORDERED this 1st day of February 2006.