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United States v. Brown

United States District Court, Southern District of Mississippi, Southern Division

March 10, 2015

UNITED STATES OF AMERICA
v.
JETHRO BROWN

CERTIFICATE OF APPEALABILITY

HALIL SULEYMAN OZERDEN UNITED STATES DISTRICT JUDGE

A final order adverse to the applicant having been filed in the captioned case, in which the detention complained of arises out of process issued by a state court or a proceeding pursuant to 28 U.S.C. § 2254, or the detention arises out of a judgment and conviction in federal court which is being challenged pursuant to 28 U.S.C. § 2255, the Court, considering the record in this case and the requirements of 28 U.S.C. § 2253, Rule 22(b) of the Federal Rules of Appellate Procedure, and Rule 11 of the Rules Governing Section 2254 and 2255 Cases in the United States District Courts, hereby finds that:

X A Certificate of Appealability should not issue. The applicant has failed to make a substantial showing of the denial of a constitutional right.
__ A Certificate of Appealability should issue for the following specific issue(s):

REASONS:

Defendant has not made a “substantial showing of the denial of a constitutional right.” See 28 U.S.C. § 2253(c)(2); Elizalde v. Dretke, 362 F.3d 323, 328 (5th Cir. 2004). Defendant’s Motions [114, 117, 118], the record, and relevant legal authorities do not demonstrate that Defendant is entitled to relief under 28 U.S.C. § 2255.


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