| 2012-03-01 |
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0 |
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OPINION AND ORDER as to Darryl Henderson re: MOTION to Vacate under 28 U.S.C. 2255 filed by Darryl Henderson. For the reasons set forth within, Hendersons section 2255 motion is denied. The remaining issue is whether to grant a Certificate of Appeal ability. For a COA to issue, a petitioner must make a substantial showing of the denial of a constitutional right. A substantial showing does not require a petitioner to demonstrate that he would prevail on the merits, but merely that reasonable juri sts could debate whether "the petition should have been resolved in a different manner or that the issues presented were adequate to deserve encouragement to proceed further. " Petitioner has made no such showing. Accordingly, I decline to grant a certificate of appealability. (Signed by Judge Shira A. Scheindlin on 3/1/2012) (ab) |
2012-03-02 09:49:27 |
6ea8c43acf092b4c852aadb662e59ef4eb9163e8 |