United States v. Livingston

ORDER DENYING CERTIFICATE OF APPEALABILITY *

DAVID M. EBEL, Circuit Judge.

Defendant-Appellant George Allen Livingston, proceeding pro se, filed a motion in the district court under 28 U.S.C. § 2255 asserting ineffective assistance of counsel, a motion that the district court denied. Mr. Livingston timely sought to appeal the denial. Finding that Mr. Livingston had failed to make the requisite showing under 28 U.S.C. § 2253(c)(2), the district court denied Mr. Livingston a certificate of appealability (“COA”). The district court also denied Mr. Livingston’s motion for leave to appeal in forma…