Ramos v. USA
Filing 7
OPINION AND ORDER, For the foregoing reasons, Ramos' section 2255 motion is denied. The remaining issue is whether to grant a certificate of appealability ("COA"). For a COA to issue, a petitioner must make a "substantial showing of the denial of a constitutional right." A "substantial showing" does not require a petitioner to demonstrate that he would prevail on the merits, but merely that reasonable jurists could debate whether "the petition should have been resolved in a different manner or that the issues presented were 'adequate to deserve encouragement to proceed further. " Petitioner has made no such showing. I decline to grant a certificate of appealability. The Clerk of the Court is directed to close this case. (Signed by Judge Shira A. Scheindlin on 11/23/10) (pl). Modified on 11/24/2010 (pl).
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