Opinion
Case No: 3:07cv517/RV/EMT.
April 21, 2008
ORDER
This cause is before the court on Petitioner's notice of appeal (Doc. 22), construed as a motion for certificate of appealability (Doc. 26). Unless a certificate of appealability is issued, Petitioner may not take an appeal from the final order denying habeas relief. See 28 U.S.C. § 2253(c)(1)(A); Fed.R.App.P. 22(b)(1). Such a certificate may issue "only if the applicant has made a substantial showing of the denial of a constitutional right." 28 U.S.C. § 2253(c)(2).
After review of the file, the court concludes that because the Petitioner has not made a substantial showing of the denial of a constitutional right, and for the reasons set forth in this court's April 1, 2008 Order (Doc. 20) adopting and incorporating the Magistrate Judge's Report and Recommendation filed on March 19, 2008 (Doc. 17), a certificate of appealability will be denied.
Accordingly, it is ORDERED:
Petitioner's notice of appeal (Doc. 22), construed as a motion for certificate of appealability (Doc. 26), is DENIED and no certificate shall issue.
DONE AND ORDERED.