Opinion
No. CR S-98-0431-FCD-CMK, CIV S-04-2090-FCD-CMK.
February 21, 2008
ORDER
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. # 338), filed on January 28, 2008.
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 August 24, 2007, findings and recommendations, movant has not made a substantial showing of the denial of a constitutional right.
Accordingly, IT IS HEREBY ORDERED that movant's request for a certificate of appealability is denied.