Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.

De Lucena v. United States

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


March 5, 2007

JOHN SECO DE LUCENA, 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 from the dismissal of his motion to vacate, set aside, or correct sentence pursuant to 28 U.S.C. § 2255 (Doc. 8). Inherent 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." 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 states no grounds upon which the Court might issue a certificate of appealability.

Therefore, the Court finds that Petitioner has not made "a substantial showing of the denial of a constitutional right." Accordingly, the inherent request for a certificate of appealability is DENIED.

IT IS SO ORDERED.

David R. Herndon DISTRICT JUDGE

20070305

© 1992-2007 VersusLaw Inc.



Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.