Free Order on Motion for Certificate of Appealability - District Court of Colorado - Colorado


File Size: 7.2 kB
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Date: December 31, 1969
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State: Colorado
Category: District Court of Colorado
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Word Count: 167 Words, 996 Characters
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Case 1:01-cr-00395-RPM

Document 541

Filed 02/07/2007

Page 1 of 1

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 06-cv-01433-RPM Criminal Action No. 01-cr-00395-RPM UNITED STATES OF AMERICA, Plaintiff/Respondent, v. JAMES FLOYD CLEAVER, Defendant/Movant.

ORDER DENYING CERTIFICATE OF APPEALABILITY

Matsch, Senior Judge Movant has filed a notice of appeal from this court' final order denying his motion s pursuant to 28 U.S.C. § 2255 to vacate, set aside or correct his sentence. The court has reviewed the file and finds that a certificate of appealability pursuant to 28 U.S.C. § 2253(c) should not be issued because Movant has not made a substantial showing of the denial of a constitutional right. Accordingly, it is ORDERED that a certificate of appealability will not be issued. DATED at Denver, Colorado this 7th day of February, 2007.

BY THE COURT:

s/Richard P. Matsch SENIOR JUDGE, UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO