United States v. Hattix, 8:17CR209. (2019)
Court: District Court, D. Nebraska
Number: infdco20191218f51
Visitors: 5
Filed: Dec. 17, 2019
Latest Update: Dec. 17, 2019
Summary: ORDER LAURIE SMITH CAMP , Senior District Judge . This matter is before the court on the Defendant's Petition for Certificate of Appealability, ECF No. 76. A petitioner under 28 U.S.C. 2255 may not appeal an adverse ruling unless he is granted a certificate of appealability. 28 U.S.C. 2253(c)(1); Fed. R. App. P. 22(b)(1). A certificate of appealability will not be granted unless the movant has "made a substantial showing of the denial of a constitutional right." 2253(c)(2). To show t
Summary: ORDER LAURIE SMITH CAMP , Senior District Judge . This matter is before the court on the Defendant's Petition for Certificate of Appealability, ECF No. 76. A petitioner under 28 U.S.C. 2255 may not appeal an adverse ruling unless he is granted a certificate of appealability. 28 U.S.C. 2253(c)(1); Fed. R. App. P. 22(b)(1). A certificate of appealability will not be granted unless the movant has "made a substantial showing of the denial of a constitutional right." 2253(c)(2). To show th..
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ORDER
LAURIE SMITH CAMP, Senior District Judge.
This matter is before the court on the Defendant's Petition for Certificate of Appealability, ECF No. 76.
A petitioner under 28 U.S.C. § 2255 may not appeal an adverse ruling unless he is granted a certificate of appealability. 28 U.S.C. § 2253(c)(1); Fed. R. App. P. 22(b)(1). A certificate of appealability will not be granted unless the movant has "made a substantial showing of the denial of a constitutional right." § 2253(c)(2). To show this denial, "[t]he petitioner must demonstrate that reasonable jurists would find the district court's assessment of the constitutional claims debatable or wrong." Slack v. McDaniel, 529 U.S. 473, 484 (2000). The Defendant made no such showing, and the Court denied a certificate of appealability in the Court's Memorandum and Order of October 3, 2019, ECF No. 70, and Judgment, ECF No. 71.
IT IS ORDERED:
1. The Defendant's Petition for Certificate of Appealability, ECF No. 76, is denied as moot; and
2. The Clerk is directed to mail a copy of this Order to the Defendant at his last known address.
Source: Leagle
