Allen v. Costello

Filing 68

MEMORANDUM AND ORDER: The Court construes petitioner's letter dated 1/4/08 as a motion for reconsideration pursuant to Rule 59(e) of the FRCP, and Local Rule 6.3. Petitioner's motion for reconsideration is denied. Because petitioner has n ot made a substantial showing of the denial of any constitutional right, no certificate of appealability shall issue. Petitioner shall have 30 days from the entry of this order to file a notice of appeal from the judgment entered denying his applica tion for a writ of habeas corpus under Federal Rule of Appellate Procedure 4(a)(4)(A)(v). However, the Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from this order would not be taken in good faith and therefore IFP status is denied for purpose of an appeal. C/M with appeals package. Ordered by Chief Judge Raymond J. Dearie on 2/7/08. (Chee, Alvin)

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