Muentes v. United States of America

Filing 28

ORDER denying 24 Motion for Certificate of Appealability. Signed by Judge James I. Cohn on 3/31/2011. (awe)

Muentes v. United States of America

Doc. 28

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Case No. 10-20256-CIV-COHN/WHITE (07-20994-CR-COHN) JORGE MUENTES, Movant, vs. UNITED STATES OF AMERICA, Respondent. ________________________________/ ORDER DENYING REQUEST FOR CERTIFICATE OF APPEALABILITY THIS CAUSE is before the Court upon Movant Jorge Muentes's Request for Certificate of Appealability [DE 24]. The Court has carefully considered the Request and is otherwise advised in the premises. On January 31, 2011, this Court issued an Order [DE 22] overruling Mr. Muentes's objections [DE 21], adopting Magistrate Judge White's Report and Recommendation [DE 17], and denying Mr. Muentes's Motion to Vacate [DE 1]. On March 31, 2011, Mr. Muentes filed his Request for Certificate of Appealability. See DE 24. A district court may only issue a certificate of appealability "if the applicant has made a substantial showing of the denial of a constitutional right." 28 U.S.C. § 2253(c)(2). The Court finds that Mr. Muentes has not made such a showing here. For this reason, the Court will deny the Request for Certificate of Appealability. The Court notes that pursuant to Rule 22(b)(1) of the Federal Rules of Appellate Procedure, Mr. Muentes may request issuance of a certificate of appealability from the Eleventh

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Circuit. Fed. R. App. P. 22(b)(1). Accordingly, it is hereby ORDERED AND ADJUDGED that Movant Jorge Muentes's Request for Certificate of Appealability [DE 24] is DENIED. DONE AND ORDERED in Chambers at Fort Lauderdale, Broward County, Florida, this 31st day of March, 2011.

Copies provided to: Counsel of record via CM/ECF Jorge Muentes, pro se Reg. No. 80039-004 FCC - Coleman (Low A-4) P.O. Box 1031 Coleman, FL 33521

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