U.S. v. Oshobe

Full title: UNITED STATES OF AMERICA, Plaintiff, v. ITOBORE OSHOBE, Defendant

Court: United States District Court, D. Kansas

Date published: May 5, 2006

Nos. 03-10052-01, 05-3434-MLB (D. Kan. May. 5, 2006)

Opinion

Nos. 03-10052-01, 05-3434-MLB.

May 5, 2006

ORDER

MONTI BELOT, District Judge

Before the court are defendant's motion for an extension of time to petition for a certificate of appealability and a petition (Docs. 145 and 146). Defendant's appeal has been docketed in the Tenth Circuit and assigned number 06-3142 (Doc. 142).

Defendant's motion pursuant to 28 U.S.C. § 2255 was considered and denied on the merits (or, rather, its lack of merit) (Doc. 135). The points contained in defendant's petition for certificate of appealability are simply a rehash of the arguments made in his § 2255 motion. Defendant has made no effort to meet the requirements of 28 U.S.C. § 2253(c)(2). Any further review of defendant's claims will be a complete waste of judicial resources.

Accordingly, defendant's petition for certificate of appealability (Doc. 146) is denied. His motion for extension of time (Doc. 145) is moot.

A copy of this order shall be forwarded to the Tenth Circuit.

IT IS SO ORDERED.