Opinion
3:05cr87/RV, 3:06cv559/RV/MD.
April 21, 2008
ORDER
The defendant has filed a notice of appeal (doc. 152) and a motion for certificate of appealability (doc. 153) with respect to the order entered on March 21, 2008 (doc. 150). 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). Such a certificate may issue "only if the applicant has made a substantial showing of the denial of a constitutional right." 28 U.S.C. § 2253(c)(2).
Because the defendant has not made a substantial showing of the denial of a constitutional right, and for the reasons set forth in this court's order of March 21, 2008, a certificate of appealability is DENIED.
No motion for leave to proceed in forma pauperis has been filed. The defendant has not shown that the appeal is taken in good faith or that he is otherwise entitled to so proceed on appeal. Accordingly, the $455.00 filing fee shall be paid within 30 days from the date of this order.
DONE AND ORDERED.