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Taylor v. United States

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS


December 20, 2005

BRAD TAYLOR, #06468-028, PETITIONER,
v.
UNITED STATES OF AMERICA, RESPONDENT.

The opinion of the court was delivered by: G. Patrick Murphy Chief United States District Judge

MEMORANDUM AND ORDER

On October 18, 2005, this Court entered final judgment and dismissed the motion to vacate, set aside, or correct sentence. (See Docs. 12, 13.) Petitioner filed a notice of appeal on December 5, 2005. (See Doc. 14.) He now moves for a certificate of appealability. (See Doc. 16.)

Pursuant to 28 U.S.C. § 2253, Petitioner may not proceed on appeal without a certificate of appealability. Section 2253(c)(2) provides that a certificate of appealability may issue "only if the applicant has made a substantial showing of the denial of a constitutional right." Section 2253(c)(3) further provides that "[t]he certificate of appealability under paragraph (1) shall indicate which specific issue or issues satisfy the showing required by paragraph (2)."

For the reasons set forth in the Court's October 18, 2005, Memorandum and Order (see Doc. 12), Petitioner has not made a substantial showing of the denial of a constitutional right. Moreover, it appears that Petitioner's appeal is untimely. Accordingly, the motion for a certificate of appealability (Doc. 16) is DENIED.

IT IS SO ORDERED.

DATED: 12/19/2005

20051220

© 1992-2005 VersusLaw Inc.



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