REIGHN v. MCNEIL

Filing 39

ORDER denying 36 Motion for Certificate of Appealability as to STEACYANNE REIGHN. Signed by SENIOR JUDGE ROGER VINSON on December 8, 2009. (kvg)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA PENSACOLA DIVISION STEACYANNE REIGHN, Petitioner, vs. WALTER A. MCNEIL, Respondent. _______________________________________/ ORDER This cause is before the court on Petitioner's notice of appeal, construed as a motion for certificate of appealability (Docs. 35, 36). Unless a certificate of appealability is issued, 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). Upon review of the file, the court concludes that because Petitioner has not made a substantial showing of the denial of a constitutional right, and for the reasons set forth in the court's October 30, 2009 order (Doc. 33) adopting and incorporating the Magistrate Judge's Report and Recommendation filed on September 22, 2008 (Doc. 28), a certificate of appealability shall be denied. Accordingly, it is ORDERED: Petitioner's motion for certificate of appealability (Doc. 36) and notice of appeal (Doc. 35) are DENIED, and no certificate shall issue. DONE AND ORDERED this 8th day of December 2009. Case No: 3:08cv505/RV/EMT

/s/ Roger Vinson ROGER VINSON SENIOR UNITED STATES DISTRICT JUDGE