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Jamison v. United States

November 15, 2005

LARON MONTANEZ JAMISON, MOVANT,
v.
UNITED STATES OF AMERICA, RESPONDENT.



The opinion of the court was delivered by: Susan Webber Wright United States District Judge

ORDER

Before the Court is petitioner's Application for Certificate of Appealability. Upon review of the application, the Court finds it should be denied.

The standard for issuance of a certificate of appealability pursuant to the Antiterrorism and Effective Death Penalty Act is the same as was required formerly for a certificate of probable cause. Roberts v. Bowersox, 137 F.3d 1062, 1068 (8th Cir. 1998). Both issue on a substantial showing of the denial of a constitutional right. Id. A "substantial showing" is one in which a petitioner demonstrates that his "issues are debatable among jurists of reason; that a court could resolve the issues [in a different manner]; or that the questions are 'adequate to deserve encouragement to proceed further.'" Barefoot v. Estelle, 463 U.S. 880, 893 n. 4 (1983) (citations omitted).

The Court finds petitioner has failed to make such a showing. Accordingly, the application [docket entry 73] is denied.

20051115

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