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McLamb v. Goorde

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK


May 5, 2006

JEFFERSON MCLAMB, PETITIONER,
v.
GLENN GOORDE, COMMISSIONER OF CORRECTIONS, JOHN MAHER, ACTING SUPERINTENDENT, RESPONDENTS.

The opinion of the court was delivered by: Seybert, District Judge

No. 90-T-1283

MEMORANDUM & ORDER

On December 15, 2005, this Court issued an Order ("December Order") denying pro se Petitioner Jefferson McLamb's habeas corpus petition pursuant to 28 U.S.C. §§ 2254 and 2244. On January 20, 2006, Petitioner appealed the December Order to the Second Circuit Court of Appeals and requested a certificate of appealability.

Pursuant to Federal Rule of Appellate Procedure 22(b) and 28 U.S.C. § 2253(c)(2), Petitioner's request for a certificate of appealability is DENIED. Petitioner has not made a substantial showing of denial of a constitutional right. See Miller-El v. Cockrell, 537 U.S. 322, 327, 123 S.Ct. 1029, 154 L.Ed. 2d 931 (2003). Petitioner must apply to the Circuit for further relief.

SO ORDERED.

JOANNA SEYBERT, U.S.D.J.

20060505

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