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Johnson v. United States

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


March 15, 2006

STANLEY E. JOHNSON, PETITIONER/DEFENDANT,
v.
UNITED STATES OF AMERICA , RESPONDENT/PLAINTIFF.

The opinion of the court was delivered by: Herndon, District Judge

MEMORANDUM AND ORDER

Before the Court is Petitioner's notice of appeal and request for issuance of a certificate of appealability (Docs. 5, 6). Pursuant to 28 U.S.C. § 2253, a certificate of appealability may issue "only if the applicant has made a substantial showing of the denial of a constitutional right." Further, Section 2253(c)(3) provides: "The certificate of appealability under paragraph (1) shall indicate which specific issue or issues satisfy the showing required by paragraph (2)."

The Court dismissed this § 2255 motion as time-barred; the Court also noted that Petitioner waived his right to challenge his sentence on appeal or in a post-conviction collateral challenge. In the instant motion, Petitioner presents no specific grounds for this Court to issue a certificate of appealability, and the Court finds that Petitioner has not made "a substantial showing of the denial of a constitutional right." Accordingly, the motion for a certificate of appealability is DENIED.

IT IS SO ORDERED.

David RHerndon DISTRICT JUDGE

20060315

© 1992-2006 VersusLaw Inc.



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