Opinion
4:05CR00162-01-WRW.
March 9, 2010
ORDER
Motion to Proceed In Forma Pauperis
Petitioner's Motion for Leave to Proceed In Forma Pauperis on Appeal (Doc. No. 136) is GRANTED.
Motion for Certificate of Appealability
Pending is Petitioner's Motion for Certificate of Appealability (Doc. No. 136).
The standard for evaluating a certificate of appealability petition is established in 28 U.S.C. § 2253(c)(2): "A certificate of appealability may issue . . . only if the applicant has made a substantial showing of the denial of a constitutional right." The Eighth Circuit has explained that "[a] substantial showing is a showing that issues are debatable among reasonable jurists, a court could resolve the issues differently, or the issues deserve further proceedings."
Cox v. Norris, 133 F.3d 565, 569 (8th Cir. 1997).
Since Petitioner has not made a substantial showing of the denial of any constitutional right, the Motion for Certificate of Appealability is DENIED.
IT IS SO ORDERED.