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Murphy v. United States

October 12, 2006

DARRON J. MURPHY, PETITIONER/DEFENDANT,
v.
UNITED STATES OF AMERICA, RESPONDENT/PLAINTIFF.



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

MEMORANDUM AND ORDER

Currently before the Court is Petitioner's notice of appeal (Doc. 5) of the Court's order dismissing his motion to vacate, set aside, or correct sentence filed pursuant to 28 U.S.C. § 2255. Implicit in the notice of appeal is a request for a certificate of appealability. 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)."

Petitioner does not raise any issues in the notice of appeal as grounds for this Court to issue a certificate of appealability. However, based on the fact that Petitioner waived his right to appeal and file a collateral attack in the plea agreement governing his guilty plea, the Court finds that Petitioner has not made "a substantial showing of the denial of a constitutional right." Accordingly, the request for a certificate of appealability is DENIED.

IT IS SO ORDERED.

G. PATRICK MURPHY Chief United States District Judge

20061012

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