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USA v. Taskov, 2:10-cr-00217-RFB-PAL. (2018)

Court: District Court, D. Nevada Number: infdco20180110c14 Visitors: 11
Filed: Jan. 09, 2018
Latest Update: Jan. 09, 2018
Summary: ORDER RICHARD F. BOULWARE, II , District Judge . Defendant Dragomir Taskov ("Taskov") has filed a Notice of Appeal in the instant case. He now requests a certificate of appealability from the Court regarding the portion of the Court's prior Order discussing Taskov's Motion to Vacate under 28 U.S.C. 2255. The district court has the authority to issue certificates of appealability. United States v. Asrar, 116 F.3d 1268 , 1269-70 (9th Cir. 1997) (citing Fed. R. App. P. 22(b)). "Upon the f
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ORDER

Defendant Dragomir Taskov ("Taskov") has filed a Notice of Appeal in the instant case. He now requests a certificate of appealability from the Court regarding the portion of the Court's prior Order discussing Taskov's Motion to Vacate under 28 U.S.C. § 2255. The district court has the authority to issue certificates of appealability. United States v. Asrar, 116 F.3d 1268, 1269-70 (9th Cir. 1997) (citing Fed. R. App. P. 22(b)). "Upon the filing of a notice of appeal and a request for a certificate of appealability, the district court shall indicate which specific issue or issues satisfy the standard for issuing a certificate, or state its reasons why a certificate should not be granted." Id. at 1270 (citing 28 U.S.C. § 2253(c)(3)).

The Court denies Taskov's request for a certificate of appealability. The Court finds that the request is not taken in good faith, and lacks merit. Taskov has not made a substantial showing of denial of a constitutional right or that his sentence was not authorized by law, as required by 28 U.S.C. § 2255.

IT IS THEREFORE ORDERED that the request for certificate of appealability is DENIED.

Source:  Leagle

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