Opinion
4:20-CR-00208-JM 4:24-CV-00945-JM
12-30-2024
UNITED STATES OF AMERICA v. TIM MILKE
ORDER
JAMES M. MOODY JR. UNITED STATES DISTRICT JUDGE
The standard for evaluating a certificate of appealability petition is set out in 28 U.S.C. § 2253(c)(2): “A certificate of appealability may issue . . . only if the applicant has made a substantial showing of the denial of a constitutional right.” The Eighth Circuit has explained that “[a] substantial showing is a showing that issues are debatable among reasonable jurists, a court could resolve the issues differently, or the issues deserve further proceedings.”
Cox v. Norris, 133 F.3d 565, 569 (8th Cir. 1997).
Since Defendant has not made a substantial showing of the denial of any constitutional right, the Motion for Certificate of Appealability (Doc. No. 56) is DENIED.
IT IS SO ORDERED