*1 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA

VALDOSTA DIVISION

JOHN L. PERRY, :

Petitioner :

VS. : NO. 7:00-CR-12 (HL)

: UNITED STATES OF AMERICA, :

: O R D E R Respondent : _____________________________________

Before the Court is petitioner JOHN L. PERRY’S notice of appeal (Tab # 635) and request for a Certificate of Appealability (“COA”) (Tab # 636), from the Court’s order that petitioner’s 28 U.S.C. § 2255 motion be denied. Under section 2253(c)(2), a COA may issue only if the applicant makes “a substantial showing of the denial of a constitutional right.” This requires a petitioner to demonstrate that “reasonable jurists would find the district court’s assessment of the constitutional claims debatable or wrong.” See Slack v. McDaniel , 529 U.S. 473, 478 (2000).

For the reasons stated in Magistrate Judge G. Mallon Faircloth’s March 19, 2010, recommendation (Tab # 559) and this Court’s September 20, 2010 order (Tab # 607) accepting the same, the Court concludes reasonable jurists could not find that a dismissal of petitioner’s claims was debatable or wrong. Accordingly, it is hereby ORDERED that petitioner’s application for a COA be DENIED .

It is further ORDERED that petitioner’s motion to proceed IFP on appeal (Tab # 637) be DENIED AS MOOT . *2 th

SO ORDERED , this 30 day of November, 2010.

s/ Hugh Lawson HUGH LAWSON UNITED STATES DISTRICT JUDGE cr