Citation Codes Equivalent Citations citation codes Docket Number No. 4:04CR00066 SWW. Motions Motion for certificate : Denied Defendant Judges Susan Webber Wright 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. UNITED STATES OF AMERICA, v. JOE LEWIS KELLY, JR. Order SUSAN WRIGHT, District Judge Before the Court is defendant's motion for a certificate of appealability. Upon review of the motion, the Court finds it should be denied. A petitioner has no automatic right to appeal a district court's denial or dismissal of his petition pursuant to 28 U.S.C. § 2255. See 28 U.S.C. § 2253(c)(1)(B). Instead, the petitioner must first seek and obtain a certificate of appealability ("COA"). Id. A COA may issue only if the applicant has made a substantial showing of the denial of a constitutional right. 28 U.S.C. § 2253(c)(2). "A petitioner satisfies this standard by demonstrating that jurists of reason could disagree with the district court's resolution of his constitutional claims or that jurists could conclude the issues presented are adequate to deserve encouragement to proceed further." Miller-El v. Cockrell, 537 U.S. 322, 327 (2003). The Court finds petitioner has failed to make such a showing. Accordingly, the motion [docket entry 69] is denied.