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Johnson v. United States

United States District Court, Third Circuit

November 18, 2013

ED JOHNSON, Petitioner/Defendant,
v.
UNITED STATES OF AMERICA, Respondent/Plaintiff. Criminal Action No. 08-146-LPS

MEMORANDUM ORDER

At Wilmington this 18th day of November, 2013:

WHEREAS, Petitioner Ed Johnson ("Petitioner"), having filed a motion requesting that the Court issue a certificate of appealability (D.L 317), to permit him to seek appellate review of the Court's denial of his Section 2255 Motion (D.L 316); WHEREAS, the government having filed an answer in opposition (D.I. 320), which observes that Petitioner's motion for a certificate of appealability revisits the same arguments already made in his Section 2255 Motion (see Id . at 2);[1]

WHEREAS, the Court having carefully considered the parties' submissions, including Petitioner's Reply (see D.I. 322), filed on November 1, 2013, which again revisits the same arguments contained in his Section 2255 Motion;

IT IS HEREBY ORDERED that Movant's Motion (D.I. 217) is DENIED.

The Court will not issue a certificate of appealability. Petitioner has failed to "ma[k]e a substantial showing of the denial of a constitutional right." 28 U.S.C. § 2253(c)(2). Reasonable jurists would not find this assessment debatable. See id; see also Slack v. McDaniel, 529 U.S. 473, 484 (2000); Fed, R. App. P. 22; Local App. R. 22.2.


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