Wynn v. U.S.

Full title: RONALD WYNN, Petitioner v. UNITED STATES OF AMERICA, Respondent

Court: United States District Court, M.D. Georgia, Macon Division

Date published: Jul 27, 2007

5:02-cr-42 (WDO) (M.D. Ga. Jul. 27, 2007)

Opinion

5:02-cr-42 (WDO).

July 27, 2007

ORDER

HUGH LAWSON, District Judge

Before the Court is petitioner RONALD WYNN'S "Notice of Appeal" (Tab #58). The Court construes the notice of appeal as a motion for the issuance of a certificate of appealability ("COA") pursuant to 28 U.S.C. § 2253(c). Edwards v. United States , 114 F.3d 1083 (11th Cir. 1997) (mandating that a notice of appeal by a pro se petitioner be construed as a request for a COA). Under 28 U.S.C. § 2253(c), a COA may issue only if the applicant has made a substantial showing of the denial of a constitutional right.

For the reasons stated in the Magistrate Judge's recommendation, and adopted by this Court's order, the Court finds that petitioner has not made a substantial showing of the denial of a constitutional right. 28 U.S.C. § 2253(c)(2). Accordingly, petitioner is DENIED the issuance of a COA.

SO ORDERED.