Campbell v. United States of America

Filing 28

ORDER Denying Certificate of Appealability signed by U.S. District Judge John C Coughenour. (TH) (cc: Petitioner via USPS)

THE HONORABLE JOHN C. COUGHENOUR

1
2
3
4
5
6

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

7
8
9

KEVIN CAMPBELL,

10
11
12

CASE NO. C18-0274-JCC
Petitioner,

ORDER

v.
UNITED STATES OF AMERICA,

13

Respondent.

14
15

This matter comes before the Court sua sponte. In the Court’s recent order dismissing

16

Petitioner’s 28 U.S.C. § 2255 habeas petition (Dkt. No. 27), the Court inadvertently omitted its

17

order on Petitioner’s certificate of appealability, which the Court now addresses.

18

To obtain a certificate of appealability, a petitioner must make a “substantial showing of

19

the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2). “A petitioner satisfies this standard

20

by demonstrating that jurists of reason could disagree with the district court’s resolution of his

21

constitutional claims or that jurists could conclude the issues presented are adequate to deserve

22

encouragement to proceed further.” Miller-El v. Cockrell, 537 U.S. 322, 327 (2003).

23

Petitioner sought to vacate, set aside, or correct his sentence under 28 U.S.C. § 2255,

24

arguing that: he did not knowingly and intelligently enter into his guilty plea; he received

25

inadequate assistance of trial and appellate counsel; and the conditions of supervised release

26

were unconstitutionally broad and vague. (See Dkt. No. 14 at 4–8.) The Court denied Petitioner’s
ORDER
C18-0274-JCC
PAGE - 1

1

petition because none of Petitioner’s claims were meritorious. (See Dkt. No. 27.) Petitioner has

2

not made a substantial showing of the denial of a constitutional right because the Court finds that

3

no reasonable jurist could disagree with its conclusion. Thus, the Court DENIES a certificate of

4

appealability in this case.

5

DATED this 30th day of July 2019.

A

6
7
8

John C. Coughenour
UNITED STATES DISTRICT JUDGE

9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
ORDER
C18-0274-JCC
PAGE - 2