Filed: Jul. 26, 2017
Latest Update: Jul. 26, 2017
Summary: ORDER MORRISON C. ENGLAND, Jr. , District Judge . Movant, a federal prisoner proceeding pro se, filed a motion to vacate, set aside, or correct her sentence pursuant to 28 U.S.C. 2255. On June 19, 2017, the court denied the motion, but did not issue or deny a certificate of appealability at the time the final order was entered. See Rule 11(a), Rules Governing 2255 Cases. A certificate of appealability may issue "only if the applicant has made a substantial showing of the denial of a
Summary: ORDER MORRISON C. ENGLAND, Jr. , District Judge . Movant, a federal prisoner proceeding pro se, filed a motion to vacate, set aside, or correct her sentence pursuant to 28 U.S.C. 2255. On June 19, 2017, the court denied the motion, but did not issue or deny a certificate of appealability at the time the final order was entered. See Rule 11(a), Rules Governing 2255 Cases. A certificate of appealability may issue "only if the applicant has made a substantial showing of the denial of a c..
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ORDER
MORRISON C. ENGLAND, Jr., District Judge.
Movant, a federal prisoner proceeding pro se, filed a motion to vacate, set aside, or correct her sentence pursuant to 28 U.S.C. § 2255. On June 19, 2017, the court denied the motion, but did not issue or deny a certificate of appealability at the time the final order was entered. See Rule 11(a), Rules Governing § 2255 Cases.
A certificate of appealability 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). For the reasons set forth in the magistrate judge's December 22, 2016 findings and recommendations, movant has not made a substantial showing of the denial of a constitutional right. Accordingly, the Court declines to issue a certificate of appealability.
The Clerk of the Court is directed to forward a copy of this order to the Ninth Circuit Court of Appeals for filing on the docket of Case No. 17-16354.
IT IS SO ORDERED.
