Opinion
Case No: 05-20122-JWL.
August 15, 2008
ORDER
On July 22, 2008, the court entered an order denying Mr. Ellis's motion to vacate his sentence pursuant to 28 U.S.C. § 2255. Mr. Ellis has now filed a motion for a certificate of appealability (doc. 41). As explained below, the court declines to grant a certificate of appealability (COA).
A COA should issue if the applicant has "made a substantial showing of the denial of a constitutional right," 28 U.S.C. § 2253(c)(2), which the Tenth Circuit has interpreted to require that the "petitioner must demonstrate that reasonable jurists would find the district court's assessment of the constitutional claims debatable or wrong." See Saiz v. Ortiz, 392 F.3d 1166, 1171 (10th Cir. 2004) (quoting Tennard v. Dretke, 124 S. Ct. 2562, 2569 (2004) (quoting Slack v. McDaniel, 529 U.S. 473, 484 (2000))). The court has carefully considered Mr. Ellis's submissions and it does not believe that reasonable jurists would disagree that his § 2255 motion was without merit. Thus the court denies his motion and declines to issue a certificate of appealability.
IT IS SO ORDERED.