IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS
January 17, 2006
MARIO GRACIA, PETITIONER/DEFENDANT,
UNITED STATES OF AMERICA, RESPONDENT/PLAINTIFF.
The opinion of the court was delivered by: Murphy, Chief District Judge
MEMORANDUM AND ORDER
On October 17, 2005, this Court entered final judgment and dismissed the motion to vacate, set aside, or correct sentence. (See Docs. 30, 31.) Petitioner filed a notice of appeal and a motion for a certificate of appealability on December 16, 2005 (see Docs. 32, 33).
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 17, 2005, Memorandum and Order (see Doc. 30), Petitioner has not made a substantial showing of the denial of a constitutional right. The Court disagrees that an evidentiary hearing is necessary to resolve Gracia's claim of ineffective assistance of counsel. Accordingly, the motion for a certificate of appealability (Doc. 32) is DENIED.
IT IS SO ORDERED.
G. PATRICK MURPHY Chief United States District Judge
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