Opinion
CRIMINAL ACTION NO. 5:01-CR-27 (HL).
October 26, 2009
ORDER
Before the Court is LARRY GREEN's application for a Certificate of Appealabilty ("COA") from this Court's Order denying his motion for relief from judgment pursuant to Fed.R.Civ.P. 60(b).
To the extent that a COA is required for this appeal to proceed, petitioner has not made the requisite showing. Miller El v. Cockrell , 537 U.S. 322 (2003). Under § 2253(c), a COA may issue only if the applicant has made a substantial showing of the denial of a constitutional right. Petitioner has not made such a showing. 28 U.S.C. § 2253(c)(2). Accordingly, petitioner's application for a COA is DENIED.
Petitioner's motion for leave to proceed on appeal in forma pauperis is DENIED AS MOOT.