July 29, 2013
UNITED STATES OF AMERICA, Plaintiff,
VANESSA CORONEL, Defendant.
LYLE E. STROM, Senior District Judge.
This matter is before the Court in response to an order from the United States Court of Appeals for the Eighth Circuit (Filing No. 117) as to the issuance of a certificate of appealability regarding a second Notice of Appeal filed by Vanessa Coronel (Filing No. 113). This Court has previously denied Ms. Coronel's motion filed pursuant to 28 U.S.C. § 2255, initially (Filing Nos. 96 and 97) and on remand (Filing Nos. 111 and 112).
28 U.S.C. § 2253 states,
(c)(1) Unless a circuit justice or judge issues a certificate of appealability, an appeal may not be taken to the court of appeals from
(B) the final order in a proceeding under section 2255.
(2) A certificate of appealability may issue under paragraph (1) only if the applicant has made a substantial showing of the denial of a constitutional right.
28 U.S.C. § 2253(c).
After reviewing the defendant's § 2255 motion, the response of the government, and this Court's orders denying that motion, the Court finds that defendant has failed to make a "substantial showing of the denial of a constitutional right." Accordingly,
IT IS ORDERED that no certificate of appealability will issue from this Court.