Nguyen v. Killian

Filing 16

ORDER: The Court declines to issue a certificate of appealability. Signed by Chief Judge Robert J. Conrad, Jr on 4/17/2012. (Pro se litigant served by US Mail.) (tmg)

IN THE DISTRICT COURT OF THE UNITED STATES
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
3:10-cv-436-RJC
HUNG VAN NGUYEN,

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Petitioner,
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vs.
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J.M. KILLIAN, Warden, FCI Otisville,
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Otisville, New York,
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Respondent.
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____________________________________)

ORDER

This Court previously dismissed Petitioner’s Motion to Vacate pursuant to 28 U.S.C. §
2255 as untimely. (Doc. No. 14).
Pursuant to Rule 11(a) of the Rules Governing Section 2255 Cases, this Court declines
to issue a certificate of appealability as Petitioner has not made a substantial showing of a denial
of a constitutional right. 28 U.S.C. § 2253(c)(2); Slack v. McDaniel, 529 U.S. 473, 484-85
(2000) (in order to satisfy § 2253(c) when court denies relief on procedural grounds, a petitioner
must demonstrate both that the dispositive procedural ruling is debatable, and that the petition
states a debatable claim of the denial of a constitutional right).

Signed: April 17, 2012