U.S. v. BUTLER, 2:04-cr-00019-MCE-JFM. (2013)
Court: District Court, E.D. California
Number: infdco20130904846
Visitors: 23
Filed: Aug. 30, 2013
Latest Update: Aug. 30, 2013
Summary: MEMORANDUM AND ORDER MORRISON C. ENGLAND, Jr., Chief District Judge. Rodney Butler ("Movant"), a federal prisoner proceeding pro se, has timely filed a notice of appeal of this court's July 25, 2013 denial of his motion to vacate, set aside or correct his sentence pursuant to 28 U.S.C. 2255. (ECF No. 141.) Before movant can appeal this decision, a certificate of appealability must issue. 28 U.S.C. 2253(c); Fed. R. App. P. 22(b). A certificate of appealability may issue under 28 U.S.C. 2
Summary: MEMORANDUM AND ORDER MORRISON C. ENGLAND, Jr., Chief District Judge. Rodney Butler ("Movant"), a federal prisoner proceeding pro se, has timely filed a notice of appeal of this court's July 25, 2013 denial of his motion to vacate, set aside or correct his sentence pursuant to 28 U.S.C. 2255. (ECF No. 141.) Before movant can appeal this decision, a certificate of appealability must issue. 28 U.S.C. 2253(c); Fed. R. App. P. 22(b). A certificate of appealability may issue under 28 U.S.C. 22..
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MEMORANDUM AND ORDER
MORRISON C. ENGLAND, Jr., Chief District Judge.
Rodney Butler ("Movant"), a federal prisoner proceeding pro se, has timely filed a notice of appeal of this court's July 25, 2013 denial of his motion to vacate, set aside or correct his sentence pursuant to 28 U.S.C. § 2255. (ECF No. 141.) Before movant can appeal this decision, a certificate of appealability must issue. 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. Fed. R. App. P. 22(b).
For the reasons set forth in the Court's July 25, 2013 Order, Movant has not made a substantial showing of the denial of a constitutional right. (ECF No. 138.) Accordingly, a certificate of appealability should not issue in this action.
IT IS SO ORDERED.
Source: Leagle
