Opinion
CRIMINAL 20-299-1
01-24-2024
UNITED STATES OF AMERICA v. WILLIAM MACK
ORDER
KAREN SPENCER MARSTON, J.
AND NOW this 24th day of January, 2024, upon consideration of Petitioner William Mack's Motion to Vacate, Set Aside, or Correct a Sentence Pursuant to 28 U.S.C. § 2255 (Doc. Nos. 110, 112, 117), and the Government's opposition brief (Doc. No. 118), it is ORDERED as follows:
1. The Motion (Doc. Nos. 110, 112, and 117) is DENIED.
2. There is no probable cause to issue a certificate of appealability.
3. The Clerk of Court shall mark this matter CLOSED.
Because jurists of reason would not debate the procedural or substantive dispositions of Petitioner's claims, no certificate of appealability should be granted. See Slack v. McDaniel, 529 U.S. 473, 484 (2000) (“Where a district court has rejected the constitutional claims on the merits, the showing required to satisfy § 2253(c) is straightforward: The petitioner must demonstrate that reasonable jurists would find the district court's assessment of the constitutional claims debatable or wrong.... When the district court denies a habeas petition on procedural grounds without reaching the prisoner's underlying constitutional claim, a COA should issue when the prisoner shows, at least, that jurists of reason would find it debatable whether the petition states a valid claim of the denial of a constitutional right and that jurists of reason would find it debatable whether the district court was correct in its procedural ruling.”).
IT IS SO ORDERED.