ABISIA v. U.S

ROGER BENITEZ, District Judge[fn*] [fn*] The Honorable Roger T. Benitez, United States District Judge for Southern California, by designation.

This matter comes before the Court with respect to Petitioner Roland M. Abisia's ("Abisa") Notice of Appeal regarding this Court's Order filed March 8, 2006. See Docket No. 70. A Notice of Appeal shall be construed as an Application for a Certificate of Appealability. See, FED. R. APP. P. 22(b). A certificate of appealability may be issued from a final order in a proceeding under § 2255 "only if the applicant has made a substantial showing of the denial of a constitutional right." 28 U.S.C. § 2253(c)(2). Abisia has not substantially demonstrated the denial of his constitutional rights, pursuant to 28 U.S.C. § 2253(c)(2). Nor has he demonstrated that the issues surrounding this Court's dismissal of Abisia's § 2255 petition and denial of his motion to reconsider are "debatable among jurists of reason." See, Jennings v. Woodford, 290 F.3d 1006, 1010 (9^th Cir. 2002). Accordingly, Abisia's motion for a certificate of appealability is DENIED.

SO ORDERED.