Smith v. United States of America (INMATE 3)

Filing 30

ORDER: This cause is now before the court on petitioner's notice of appeal (doc. no. 28 ), which the court is treating as a motion for certificate of appealability. To obtain a certificate of appealability the prisoner must make a "subs tantial showing of the denial of a constitutional right." 28 U.S.C. § 2253(c)(2). The court finds that the petitioner has failed to make this showing. Accordingly, it is ORDERED that petitioner's motion for a certificate of appealability is denied. Signed by Honorable Judge Myron H. Thompson on 7/13/2020. Furnished Appeals Clerk. (dmn, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION

MICHAEL SMITH,
Petitioner,
v.
UNITED STATES OF AMERICA,
Respondent.

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CIVIL ACTION NO.
2:17cv270-MHT
(WO)

ORDER
This cause is now before the court on petitioner's
notice of appeal (doc. no. 28), which the court is
treating as a motion for certificate of appealability.
To

obtain

a

certificate

of

appealability

the

prisoner must make a "substantial showing of the denial
of a constitutional right."

28 U.S.C. § 2253(c)(2).

The court finds that the petitioner has failed to make
this showing.
Accordingly, it is ORDERED that petitioner's motion
for a certificate of appealability is denied.
DONE, this the 13th day of July, 2020.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE