G. THOMAS PORTEOUS, Jr., United States District Judge
Before the Court is an Application for a Certificate of Appealability filed by Mr. Lance Sarkozy. Having considered the record, the law, and the application submitted by the Petitioner, the Court hereby DENIES the Petitioner's request.
BACKGROUND
On August 10, 1998, a jury found petitioner, Lance Sarkozy, guilty of manslaughter and was subsequently sentenced on August 19, 1998 to 40 years incarceration with credit for time served and concurrent with sentencing on any other convictions. Mr. Sarkozy's conviction and sentence were upheld by the Louisiana Fourth Circuit Court of Appeal on January 26, 2000. State v. Sarkozy, 755 So.2d 345 (La.App. 4 Cir. 2000). Petitioner failed to apply for rehearing nor did he seek direct review with the Louisiana Supreme Court within the 30 day time limit as prescribed by Louisiana Supreme Court Rule X, Section 5. Thus, by operation of Louisiana Code of Criminal Procedure Article 922(A) and (B), Mr. Sarkozy's conviction and sentence became final 14 days after the Louisiana Fourth Circuit affirmed both on direct appeal.
Petitioner sought post-conviction relief from the Louisiana District Court. This application was denied on August 8, 2000. Similarly, on September 19, 2000, the Louisiana Fourth Circuit Court of Appeal also denied petitioner's application for post-conviction relief Finally, on October 26, 2001, the Louisiana Supreme Court likewise denied petitioner's writ application. State ex rel. Sarkozy v. State, 799 So.2d 1159 (La. 2001).
On December 31, 2001, petitioner filed in this Court a motion for habeas corpus relief pursuant to 28 U.S.C. § 2254. In support of his application for federal habeas corpus relief, petitioner claimed: 1) The indictment failed to allege all of the elements of the crime charged; 2) the trial court allowed perjured testimony into evidence; and 3) he was denied effective assistance of counsel. On May 8, 2002, this Court denied petitioner's motion for habeas corpus relief, adopting the Report and Recommendation of the United States Magistrate Judge.
LAW AND ANALYSIS
Since under 28 U.S.C. § 2253 (c), petitioner Sarkozy has no right of appeal from this Court's May 8, 2002 judgment; he must obtain a Certificate of Appealability. This Court may issue such a certificate "only if the applicant has made a substantial showing of the denial of a constitutional right." 28 U.S.C. § 2253 (c)(2).
This Court finds that Sarkozy has failed to make such a showing. Each of the claims made by the Petitioner was adequately addressed by this Court's May 8, 2002 ruling and the Report and Recommendation of the United States Magistrate Judge. After thoroughly reviewing the record, the applicable law, and the application submitted by the Petitioner, this Court finds that the issues and arguments presented by Sarkozy in his request for a Certificate of Appealability have already been addressed, are without merit, and that there is no substantial showing of the denial of any of the petitioner's constitutional rights.
Accordingly,
IT IS ORDERED that a Certificate of Appealability in the above captioned matter shall not be issued for the reasons stated herein.