Diaz v. United States

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH

EVERETT CAMERON DIAZ, ORDER DENYING CERTIFICATE OF Petitioner, APPEALABILITY vs. UNITED STATES OF AMERICA, Case No. 2:25Cv00058 DAK Respondent. Judge Dale A. Kimball

Mr. Diaz has filed a Motion for a Certificate of Appealability. Under 28 U.S.C. § 2253, a certificate of appealability "may issue... only if the applicant has made a substantial showing of the denial of a constitutional right." 28 U.S.C. § 2253(c)(2); United States v. Silva, 430 F.3d 1096, 1100 (10th Cir. 2005) (quoting 28 U.S.C. § 2253(c)(2)). The court finds that reasonable jurists could not debate whether the petition should have been resolved in a different manner or that the issues presented were adequate to deserve encouragement to proceed further.” See Miller-El v. Cockrell, 537 U.S. 322, 336 (2003)). Therefore, the court concludes that Mr. Diaz has not made a substantial showing of the denial of a constitutional right and therefore declines to issue a Certificate of Appealability. DATED this 29th day of April 2025. BY THE COURT: “Lk K DALE A. KIMBALL United States District Judge