Opinion
CRIMINAL ACTION 06-365-1 CIVIL ACTION 16-2208
03-09-2022
UNITED STATES OF AMERICA v. LAVAR BROWN
ORDER
ANITA B. BRODY, J.
AND NOW, this 9th day of March, 2022, it is ORDERED that Petitioner's Motion Under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody (ECF No. 147) is DENIED. A certificate of appealability will not issue.
In the Third Circuit, a certificate of appealability is granted only if the petitioner makes: “(1) a credible showing that the district court's procedural ruling was incorrect; and (2) a substantial showing that the underlying habeas petition alleges a deprivation of constitutional rights.” Morris v. Horn, 187 F.3d 333, 340 (3d Cir. 1999). Brown has not made such a showing.