BROWN v. MCDONOUGH

3:05-cv-00437 | N.D. Fla. | Jan 25, 2008

Case 3:05-cv-00437-LC-MD Document 50 Filed 01/25/08 Page 1 of 1

Page 1 of 1 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA PENSACOLA DIVISION JAMES FONDREN BROWN, Petitioner, v. Case No. 3:05cv437/LAC/MD JAMES R. MCDONOUGH,

Respondent. ______________________________________________________________________ ORDER This cause is before the court upon petitioner’s motion for certificate of appealability (doc. 48). Unless a certificate of appealability is issued, the petitioner may not take an appeal from the final order denying § 2254 relief. See 28 U.S.C. § 2253(c)(1)(A); Fed.R.App.P. 22(b)(1). Such a certificate may issue “only if the applicant has made a substantial showing of the denial of a constitutional right.” 28 U.S.C. § 2253 (c)(2).

After review of the file, the court concludes that because the petitioner has not made a substantial showing of the denial of a constitutional right, and for the reasons set forth in this Court’s December 19, 2007 Order (doc. 43) adopting and incorporating the Magistrate Judge’s Report and Recommendation filed on October 26, 2007 (doc. 39), a certificate of appealability will be denied.

Accordingly, it is ORDERED: Petitioner’s motion for certificate of appealability (doc. 48) is DENIED, and no

certificate shall issue. DONE AND ORDERED this 25 th day of January, 2008. s /L.A. Collier LACEY A. COLLIER SENIOR UNITED STATES DISTRICT JUDGE