Citation Codes Equivalent Citations citation codes Docket Number NO. 5:07-cv-269 (HL). Motions Motion for leave : Denied Judges Hugh Lawson Acts Judiciary And Judicial Procedure — Habeas Corpus — Particular Proceedings — State Custody; Remedies In Federal Courts Judiciary And Judicial Procedure — Habeas Corpus — Particular Proceedings — Appeal See more information ... Smart Summary Please sign up to generate summary. TYRON MARK HOLMES, Petitioner v. STEPHEN ROBERTS, Respondent. ORDER HUGH LAWSON, District Judge Before the Court is petitioner TYRON MARK HOLMES'S notice of appeal (Tab # 24) from the Court's September 26, 2008 order, which adopted Magistrate Judge Claude W. Hicks's recommendation that petitioner's 28 U.S.C. § 2254 motion be denied as untimely. The Eleventh Circuit Court of Appeals has mandated that the Court construe petitioner's notice of appeal as an application for a certificate of appealability ("COA") pursuant to 28 U.S.C. § 2253(c). Edwards v. United States , 114 F.3d 1083 (11th Cir. 1997). Under section 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 Magistrate Judge Hicks's recommendation and this Court's order accepting the same, 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, the application for a COA is DENIED. Also before the Court is petitioner's motion for leave to proceed in forma pauperis on appeal (Tab # 26). Said motion is DENIED AS MOOT. SO ORDERED.