Opinion
CRIMINAL NO. MJG-11-0494 Civil Action No. MJG-14-2573
03-18-2016
UNITED STATES OF AMERICA v. DAVID HOWARD, ET AL.
MEMORANDUM AND ORDER
The Court has before it Defendant Howard's' Motion for a Certificate of Appealability [[ECF No. 365]. The Court finds that neither a response nor a hearing is necessary.
For reasons set forth in the Memorandum and Order issued March 9, 2016, there is no nonfrivolous ground for appeal in the instant case on any contention, including the contention that the "Court did not conduct a voluntariness inquiry pursuant to Rule 11(b)(2) where the Petitioner's plea is the product of threats and coercion." ECF No. 365.
Accordingly, the Court shall not issue a Certificate of Appealability.
For the foregoing reasons:
1. Defendant Howard's' Motion for a Certificate of Appealability [[ECF No. 365] is DENIED.
2. This action is without prejudice to the Defendant's right to seek a Certificate of Appealability from the appellate court.
SO ORDERED, this Friday, March 18, 2016.
/s/_________
Marvin J. Garbis
United States District Judge