UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK
November 8, 2007
ROBERT L. WEGMAN, PETITIONER,
CALVIN E. WEST, RESPONDENT.
The opinion of the court was delivered by: William M. Skretny United States District Judge
DECISION AND ORDER
1. On April 21, 2004, Petitioner filed a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254. On September 24, 2007, this Court issued a Decision and Order denying the Petition for Writ of Habeas Corpus.
2. On October 22, 2007, Petitioner filed a request that this Court issue a Certificate of Appealability. (Docket No. 18).
IT HEREBY IS ORDERED, that because the issues raised in the Petition are not the type of issues that a court could resolve in a different manner, and because these issues are not debatable among jurists of reason, this Court concludes that Petitioner has failed to make a substantial showing of the denial of a constitutional right, 28 U.S.C. § 2253(c)(2), and accordingly, the Certificate of Appealability is DENIED.
FURTHER, that a Certificate of Appealability shall not issue.
FURTHER, that this Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that any appeal would not be taken in good faith.
FURTHER, that Petitioner's request for a Certificate of Appealability (Docket No. 18) is DENIED.
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