Opinion
Civil No. 09-11676, Crim. No. 06-20483.
September 7, 2010
ORDER
On June 10, 2010, the Court entered an order and judgment adopting the Magistrate Judge's Report and Recommendation and dismissing this case. Petitioner has now applied for a certificate of appealability.
A certificate of appealability may be issued "only if the applicant has made a substantial showing of the denial of a constitutional right." 28 U.S.C. § 2253(c)(2). A petitioner must show "that reasonable jurists could debate whether (or, for that matter, agree that) the petition should have been resolved in a different manner or that the issues presented were adequate to deserve encouragement to proceed further." Slack v. McDaniel, 529 U.S. 473, 484 (2000) (internal quotation omitted).
In this case, the Court concludes that reasonable jurists would not debate the Court's conclusion that the petition does not present any claims upon which habeas relief may be granted. Therefore, the Court declines to issue a certificate of appealability.
IT IS SO ORDERED.
Dated: September 7, 2010