Wright v. U.S.

Full title: BENJAMIN WRIGHT, Petitioner v. UNITED STATES OF AMERICA, Respondent

Court: United States District Court, M.D. Georgia, Valdosta Division

Date published: Oct 1, 2009

CASE NO.: 7:06-CV-68 (HL), CASE NO.: 7:03-CR-21 (HL) (M.D. Ga. Oct. 1, 2009)

Opinion

CASE NO.: 7:06-CV-68 (HL), 28 U.S.C. § 2255, CASE NO.: 7:03-CR-21 (HL).

October 1, 2009

ORDER

HUGH LAWSON, District Judge

Before the Court is petitioner BENJAMIN WRIGHT'S notice of appeal and request for a certificate of appealability ("COA") from the Court's July 28, 2009 Order that adopted the United States Magistrate Judge's recommendation that petitioner's 28 U.S.C. § 2255 motion be denied. (R. at 147, 152, 155, 156). The Eleventh Circuit Court of Appeals has mandated that the Court construe petitioner's notice of appeal as a COA pursuant to 28 U.S.C. § 2253(c). Edwards v. United States , 114 F.3d 1083 (11^th Cir. 1997).

Under § 2253(c), a COA may issue only if the applicant has made a substantial showing of the denial of a constitutional right. For the reasons stated in the United States Magistrate Judge's recommendation and this Court's Order adopting the same, the Court finds that petitioner 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.

SO ORDERED.