Thomas v. United States

District Court, S.D. West Virginia

Thomas v. United States

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA HUNTINGTON DIVISION

DEMETRIUS THOMAS, Petitioner, v. CIVIL ACTION NO. 3:16-2049 (Criminal Action No. 3:14-00045-01) UNITED STATES OF AMERICA, Respondent. ORDER Currently pending before the Court is Petitioner’s application for a certificate of appealability. ECF No. 113. Petitioner, a federal prisoner, seeks to appeal this Court’s Order of February 28, 2019, denying relief on his petition filed under

28 U.S.C. § 2255

. This Court has once again reviewed the record and concludes that Petitioner has not made a substantial showing of the denial of a constitutional right and has not presented issues “‘adequate to deserve encouragement to proceed[.]’” Slack v. McDaniel,

529 U.S. 473, 484

(2000) (quoting Barefoot v. Estelle,

463 U.S. 880, 893, n. 3

(1983)). See also Miller-El v. Cockrell,

537 U.S. 322

(2003). Accordingly, Petitioner’s application for a certificate of appealability is DENIED and the appeal is DISMISSED. See

28 U.S.C. § 2253

(c). The Court DIRECTS the Clerk to send a copy of this Order to counsel and the defendant, the U.S. Attorney’s Office, the U.S. Probation Office, and the U.S. Marshal’s Service.

ENTER: April 24, 2019 Z , LV] LL fou ROBERT C. CHAMBERS UNITED STATES DISTRICT JUDGE

Reference

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