U.S. v. FLETCHER, 4:12CR3075. (2016)
Court: District Court, D. Nebraska
Number: infdco20160122932
Visitors: 10
Filed: Jan. 21, 2016
Latest Update: Jan. 21, 2016
Summary: ORDER RICHARD G. KOPF , Senior District Judge . Today, I denied the defendant's motion for reconsideration of the denial of a certificate of appealability. The defendant "must make a substantial showing of the denial of a constitutional right" to obtain such a certificate; that is, "a showing that [the] issues are debatable among reasonable jurists, a court could resolve the issues differently, or the issues deserve further proceedings." Garrett v. United States, 211 F.3d 1075 , 1076 (
Summary: ORDER RICHARD G. KOPF , Senior District Judge . Today, I denied the defendant's motion for reconsideration of the denial of a certificate of appealability. The defendant "must make a substantial showing of the denial of a constitutional right" to obtain such a certificate; that is, "a showing that [the] issues are debatable among reasonable jurists, a court could resolve the issues differently, or the issues deserve further proceedings." Garrett v. United States, 211 F.3d 1075 , 1076 (8..
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ORDER
RICHARD G. KOPF, Senior District Judge.
Today, I denied the defendant's motion for reconsideration of the denial of a certificate of appealability. The defendant "must make a substantial showing of the denial of a constitutional right" to obtain such a certificate; that is, "a showing that [the] issues are debatable among reasonable jurists, a court could resolve the issues differently, or the issues deserve further proceedings." Garrett v. United States, 211 F.3d 1075, 1076 (8th Cir. 2000) (citations omitted) (denying a certificate regarding a § 2255 motion for, among other reasons, because the issue raised was clearly foreclosed by a prior decision of Court of Appeals). The entirety of the Memorandum and Order denying the defendant's § 2255 motion, and particularly "Point 7" thereof, make clear why the certificate should not be issued in this case.
IT IS SO ORDERED.
Source: Leagle
