Opinion
3:96cr85/RV.
August 21, 2007
ORDER
The defendant has filed a notice of appeal and request for certificate of appealability (doc. 244 245) of this court's denial of his motion for a new trial (doc. 240) and motion for reconsideration thereof (doc. 242). In the court's order denying the motion for a new trial, it denied the motion as such and as a § 2255 motion. Unless a certificate of appealability is issued, the defendant may not take an appeal from the final order denying Section 2255 relief. See 28 U.S.C. 2253(c)(1)(B). Because the defendant has not made a substantial showing of the denial of a constitutional right, his request for a certificate of appealability is DENIED.
Defendant has not filed a motion for leave to proceed in forma pauperis (doc. 271). In any event the court finds that the appeal is not taken in good faith, and he is not otherwise entitled to so proceed. Fed.R.App.P. 24(a)(3). Defendant shall pay the $455.00 filing fee within thirty days.
DONE AND ORDERED.