Opinion
Case No. 01-CR-113, No. 05-C-104.
October 5, 2006
DECISION AND ORDER
The defendant, Jaime Marquez ("Marquez"), has appealed from the denial of his motion attacking his sentence under 28 U.S.C. § 2255. On July 7, 2006, the Court denied Marquez's motion to proceed in forma pauperis ("IFP") on appeal and certified that his appeal was not taken in good faith. The Court further states that it will not issue a certificate of appealability. See 28 U.S.C. § 2253; Fed.R.App.P. 22(b). As noted previously, Marquez has failed to offer any reason why the dismissal of his motion as untimely was erroneous. Marquez has failed to make a "substantial showing of the denial of a constitutional right" or present questions that are debatable among jurists of reason. See Kraushaar v. Flanagan, 45 F.3d 1040 (7th Cir. 1995); § 2253. NOW, THEREFORE, BASED ON THE FOREGOING, IT IS HEREBY ORDERED THAT Marquez's request for a Certificate of Appealability is DENIED.
SO ORDERED.