United States v. Landers, 120408 AREDC, 4:03cr00142 JMM

• Docket Nº: 4:03cr00142 JMM
• Opinion Judge: JAMES M. MOODY, District Judge.
• Party Name: UNITED STATES OF AMERICA v. RASHAD LANDERS
• Case Date: December 04, 2008
• Court: United States District Courts, 8th Circuit, United States State District Court of Eastern District of Arkansas

UNITED STATES OF AMERICA

v.

RASHAD LANDERS

No. 4:03cr00142 JMM

United States District Court, E.D. Arkansas, Western Division.

December 4, 2008

ORDER

JAMES M. MOODY, District Judge.

Pending before the Court is petitioner's Motion for a Certificate of Appealability.

For this Court to grant a certificate of appealability, the petitioners must make a "substantial showing of the denial of a constitutional right." 28 U.S.C. § 2253(c)(2); Hubbeling v. United States, 288 F.3d 363 (8th Cir. 2002). 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.'" Randolph v. Kemna, 276 F.3d 401, 402 n.1 (8th Cir.2002) (citing Barefoot v. Estelle, 463 U.S. 880, 893 (1983)).

Petitioner has failed to make a substantial showing of the denial of any constitutional right and his Motion for Certificate of Appealability is denied.

IT IS SO ORDERED.