Opinion
Nos. 3:04cr96/RV, 3:06cv214/RV/MD.
July 24, 2006
ORDER
The defendant has filed a notice of appeal (doc. 33) which this court construes as a request for a certificate of appealability. 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). Because the defendant has not made a substantial showing of the denial of a constitutional right, her request for a certificate of appealability is DENIED. No motion for leave to proceed in forma pauperis has been filed. In any event, the court finds that the appeal is not taken in good faith and defendant is not otherwise entitled to so proceed. Fed.R.App.P. 24(a)(3). Accordingly, defendant shall pay the $455.00 filing fee within thirty days.
See Edwards v. United States, 114 F.3d 1083 (11TH Cir. 1997) (district courts must treat notices of appeal in Section 2255 actions as applications for certificates of appealability).
DONE AND ORDERED.