Summary
holding that the Santos decision cannot be applied retroactively in collateral proceedings or otherwise
Summary of this case from Arreskjold v. U.S.Opinion
CIVIL NO. 3:08CV330 (3:01CR248).
September 19, 2008
ORDER
THIS MATTER is before the Court on the Petitioner's notice of appeal and motion for a certificate of appealability, filed September 17, 2008.
An appeal may not be taken to the court of appeals from the denial of a motion pursuant to 28 U.S.C. § 2255 unless a certificate of appealability has been issued. 28 U.S.C. § 2253(c)(1)(B). Such a certificate may not issue unless the applicant has made a substantial showing of the denial of a constitutional right. 28 U.S.C. § 2253(c)(2). The Petitioner has not made such a showing. IT IS, THEREFORE, ORDERED that a certificate of appealability is hereby DENIED.