BOWNES v. U.S

MICHAEL REAGAN, District Judge

In this civil proceeding, Marvis Bownes challenged a sentence imposed by the undersigned District Judge in one of two criminal prosecutions in this District (Case No. 03-cr-30097). The undersigned Judge rejected Bownes' challenge and denied his motion for relief under 28 U.S.C. § 2255 on October 26, 2007. Judgment was entered accordingly four days later.

On December 26, 2007, Bownes appealed this Court's denial of § 2255 relief. By accompanying motion filed here December 27, 2007, Bownes requests a certificate of appealability.

28 U.S.C. § 2253(c)(1)(B) provides that an appeal from the final order in a § 2255 proceeding may not be taken unless a Circuit or District Court Judge has issued a certificate of appealability. For the reasons stated in the October 26, 2007 Order, this Court concludes that Bownes has not made "a substantial showing of the denial of a constitutional right." See 28 U.S.C. § 2253(c)(2). Accordingly, the Court DENIES Bownes' motion for certificate of appealability (Doc. 26).

IT IS SO ORDERED.