Opinion
Civil Action No. 09-cv-00344-CMA.
October 6, 2010
ORDER
The matter before the Court is Applicant's Request For Release Pursuant To F.R.A.P. Rule 23(b)(3) (Doc. # 51). This Court previously found that a certificate of appealability shall not issue in this case because Applicant has not made a substantial showing of the denial of a constitutional right. Accordingly, it is
Order at 18 (Doc. No. 46; Sep. 9, 2010); 28 U.S.C. § 2253(c)(2); Fed.R. Governing Section 2254 Cases 11(a).
ORDERED that Applicant's Request For Release Pursuant To F.R.A.P. Rule 23(b)(3) (Doc. # 51) filed Oct. 5, 2010 is denied.
DATED: October 6, 2010.