United States v. Vogelsang

Full title: UNITED STATES OF AMERICA, Respondent, v. SCOTT MICHAEL VOGELSANG, Movant…

Court: United States District Court, Ninth Circuit, California, E.D. California

Date published: Oct 17, 2008

Dist. Ct. 2:02-cr-00151-MCE-CMK, 2:07-cv-00247-MCE-CMK, (E.D. Cal. Oct. 17, 2008)

Opinion

UNITED STATES OF AMERICA, Respondent, v. SCOTT MICHAEL VOGELSANG, Movant. Dist. Ct. Nos. 2:02-cr-00151-MCE-CMK, 2:07-cv-00247-MCE-CMK, Ninth Cir. No. 08-16630. United States District Court, E.D. California. October 17, 2008

          ORDER

          MORRISON C. ENGLAND Jr., District Judge.

         Movant, a federal prisoner proceeding pro se, brings this motion to correct or set aside a criminal judgment pursuant to 28 U.S.C. § 2255. Pending before the court is movant's request for a certificate of appealability (Doc. 252 in the criminal docket).

         Movant has timely filed a notice of appeal of this court's denial of his motion under 28 U.S.C. § 2255. Before movant can appeal this decision, a certificate of appealability must issue under 28 U.S.C. § 2253(c). See Fed. R. App. P. 22(b); see also 28 U.S.C. § 2255. A certificate of appealability may issue under 28 U.S.C. § 2253 "only if the applicant has made a substantial showing of the denial of a constitutional right." 28 U.S.C. § 2253(c)(2). The court must either issue a certificate of appealability indicating which issues satisfy the required showing or must state the reasons why such a certificate should not issue. See Fed. R. App. P. 22(b). For the reasons set forth in the magistrate judge's April 8, 2008, findings and recommendations, movant has not made a substantial showing of the denial of a constitutional right.

         Accordingly, IT IS HEREBY ORDERED that:

         1. Movant's request for a certificate of appealability is denied; and

         2. The Clerk of the Court is directed to send a copy of this order to the Ninth Circuit Court of Appeals, attention Susan Gelmis.