Opinion
CRIMINAL ACTION 06-365-1 CIVIL ACTION 16-2208
05-19-2022
UNITED STATES OF AMERICA v. LAVAR BROWN
Lavar Brown, defendant
Lavar Brown, defendant
ORDER
ANITA B. BRODY, J.
AND NOW, this 19th day of May, 2022, it is ORDERED that Petitioner's Motion to Alter or Amend Judgment Pursuant to F.R.Civ.P. Rule 59(e) (ECF No. 166) 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.