Opinion
Case No. C08-5233RBL.
February 12, 2009
ORDER
THIS MATTER comes on before the above-entitled Court upon Petitioner's Notice of Appeal [Dkt. #23]. Having considered the entirety of the records and file herein, the Court finds and rules as follows:
The filing of an appeal of a denial of a petition for habeas corpus pursuant to 28 U.S.C. § 2255 may not proceed absent a certificate of appealability. 28 U.S.C. § 2253(b), (c)(1). For the reasons stated in the Report and Recommendation [Dkt. #15], this Court declines to issue a certificate of appealability because petitioner has failed to make "a substantial showing of the denial of a constitutional right." 28 U.S.C. § 2253(c)(2).
IT IS SO ORDERED.