Filed: Jan. 30, 2015
Latest Update: Jan. 30, 2015
Summary: ORDER GREGORY L. FROST, District Judge. Final judgment dismissing this action has been entered. Order, ECF No. 85; Judgment, ECF No. 86. Accordingly, petitioner's motion to strike respondent's filing, ECF No. 88, is DENIED as moot. Petitioner has filed a notice of appeal. Notice of Appeal, ECF No. 89. When a habeas claim has been denied on the merits, a certificate of appealability may issue only if the petitioner "has made a substantial showing of the denial of a constitutional righ
Summary: ORDER GREGORY L. FROST, District Judge. Final judgment dismissing this action has been entered. Order, ECF No. 85; Judgment, ECF No. 86. Accordingly, petitioner's motion to strike respondent's filing, ECF No. 88, is DENIED as moot. Petitioner has filed a notice of appeal. Notice of Appeal, ECF No. 89. When a habeas claim has been denied on the merits, a certificate of appealability may issue only if the petitioner "has made a substantial showing of the denial of a constitutional right..
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ORDER
GREGORY L. FROST, District Judge.
Final judgment dismissing this action has been entered. Order, ECF No. 85; Judgment, ECF No. 86. Accordingly, petitioner's motion to strike respondent's filing, ECF No. 88, is DENIED as moot.
Petitioner has filed a notice of appeal. Notice of Appeal, ECF No. 89. When a habeas claim has been denied on the merits, a certificate of appealability may issue only if the petitioner "has made a substantial showing of the denial of a constitutional right." 28 U.S.C. § 2253(c)(2). This standard is a codification of Barefoot v. Estelle, 463 U.S. 880 (1983). See Slack v. McDaniel, 529 U.S. 473, 484 (2000) (recognizing codification of Barefoot in 28 U.S.C § 2253(c)(2)). To make a substantial showing of the denial of a constitutional right, a petitioner must show "that reasonable jurists could debate whether (or, for that matter, agree that) the petition should have been resolved in a different manner or that the issues presented were `adequate to deserve encouragement to proceed further.'" Slack, 529 U.S. at 484 (quoting Barefoot, 463 U.S. at 893, n. 4).
Upon review of the record, this Court is not persuaded that reasonable jurists could debate whether petitioner's claims should have been resolved differently. The Court therefore DECLINES to issue a certificate of appealability.
