Citation Codes Equivalent Citations citation codes Docket Number NO. 5:06-CV-296 (HL), NO. 5:02-CR-22 (HL). Judges Hugh Lawson Acts Judiciary And Judicial Procedure — Habeas Corpus — Particular Proceedings — Federal Custody; Remedies On Motion Attacking Sentence Judiciary And Judicial Procedure — Habeas Corpus — Particular Proceedings — Appeal See more information ... Smart Summary Please sign up to generate summary. DONNIE RAY JOHNSON, JR., Petitioner v. UNITED STATES OF AMERICA, Respondent. ORDER HUGH LAWSON, District Judge Before the Court is petitioner DONNIE RAY JOHNSON'S notice of appeal (Tab # 43) from the Court's June 14, 2007 order, which adopted United States Magistrate Judge G. Mallon Faircloth's recommendation that petitioner's 28 U.S.C. § 2255 motion be denied. 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 Faircloth'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. SO ORDERED.