United States v. Burkley

ORDER DENYING CERTIFICATE OF APPEALABILITY

PAUL KELLY, JR., Circuit Judge.

Defendant-Appellant Derrick A. Burk-ley, a federal inmate appearing pro se, seeks a certificate of appealability (“COA”) allowing him to appeal the denial of his motion to vacate, set aside, or correct sentence pursuant to 28 U.S.C. § 2255. Because Mr. Burkley has not made a “substantial showing of the denial of a constitutional right” required to obtain a COA, 28 U.S.C. § 2253(c)(2); see Slack v. McDaniel, 529 U.S. 473, 483-84, 120 S.Ct. 1595, 146 L.Ed.2d 542 (2000), we deny a COA and dismiss the appeal.

On August 16,…