Opinion
Criminal Action No. 03-cr-00495-REB Civil Action No. 11-cv-01053-WDM
08-04-2011
UNITED STATES OF AMERICA, Plaintiff, v. FREDERICK D. DEBERRY, Defendant/Movant.
ORDER DENYING CERTIFICATE OF APPEALABILITY
Blackburn, Judge
Movant has filed a notice of appeal and request for a certificate of appealability from this court's final order denying his motion pursuant to 28 U.S.C. § 2255 to vacate, set aside or correct his sentence. The court has reviewed the file and finds that a certificate of appealability pursuant to 28 U.S.C. § 2253(c) should not be issued because Movant has not made a substantial showing of the denial of a constitutional right. Accordingly, it is
THEREFORE, IT IS ORDERED that a certificate of appealability will not be issued.
Dated at Denver, Colorado, August 4, 2011.
BY THE COURT:
Robert E. Blackburn
JUDGE, UNITED STATES DISTRICT
COURT FOR THE DISTRICT OF COLORADO