Opinion
Case No. 4:01-CV-93-3 (HL), 28 U.S.C. § 2255, Case No. 4:01-CR-45-3 (HL).
November 8, 2005
ORDER DENYING COA
Petitioner Wardlaw has filed a Notice of Appeal [82] of the denial of his Motion To Vacate, Set Aside, or Correct his Sentence Pursuant to 28 U.S.C. § 2255, and a Motion For Certificate of Appealability thereon. The court found in its own de novo review of Petitioner's Motion that none of the claims raised by Wardlaw in his § 2255 Motion were supported by credible evidence. [78]. Likewise, in response to Petitioner's Motion to Alter or Amend Judgment pursuant to Federal Rules of Civil Procedure Rule 59(e) [80], the court found that Petitioner had failed to demonstrate clear error, present newly discovered evidence, or otherwise satisfy the requirements of a Rule 59(e) motion.
Under section 2253(c), a COA may issue only if the applicant has made a substantial showing of the denial of a constitutional right. This Court finds that Petitioner Wardlaw has not made a substantial showing of the denial of a constitutional right. 28 U.S.C. § 2253(c)(2). Accordingly, the application for a COA is DENIED. Should Petitioner's Notice of Appeal be construed as also moving for leave to Proceed In Forma Pauperis, the same is also DENIED AS MOOT.
SO ORDERED.