Opinion
No. 2:05-cv-1683-GEB-CMK-P.
August 28, 2006
ORDER
Petitioner, a state prisoner proceeding pro se, brings this petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Pending before the court is petitioner's request for a certificate of appealability (Doc. 20), filed on August 15, 2006.
Petitioner, a state prisoner proceeding pro se, has timely filed a notice of appeal of this court's July 14, 2006, dismissal of his application for a writ of habeas corpus as untimely under 28 U.S.C. § 2244(d). Before petitioner can appeal this decision, a certificate of appealability must issue. See 28 U.S.C. § 2253(c); Fed.R.App.P. 22(b). A certificate of appealability may issue under 28 U.S.C. § 2253 "only if the applicant has made a substantial showing of the denial of a constitutional right." 28 U.S.C. § 2253(c)(2). The court must either issue a certificate of appealability indicating which issues satisfy the required showing or must state the reasons why such a certificate should not issue. See Fed.R.App.P. 22(b). For the reasons set forth in the magistrate judge's May 26, 2006, findings and recommendations, petitioner has not made a substantial showing of the denial of a constitutional right.
Accordingly, IT IS HEREBY ORDERED that petitioner's request for a certificate of appealability is denied.