In Re Tracey Godfrey

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA MISSOULA DIVISION

CV 24-00040-M-DLC

IN RE: TRACEY GODFREY,

Petitioner, ORDER DENYING CERTIFICATE OF

APPEALABILITY

On April 8, 2024, this Court issued an Order dismissing this case. (Doc. 3.) Mr. Godfrey filed a Notice of Appeal (Doc. 5) and on May 29, 2024, the Ninth Circuit remanded this matter for the limited purpose of granting or denying a certificate of appealability. (Doc. 7.) A certificate of appealability should issue as to those claims on which the petitioner makes “a substantial showing of the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2). The standard is satisfied if “jurists of reason could disagree with the district court’s resolution of [the] constitutional claims” or “conclude the issues presented are adequate to deserve encouragement to proceed further.” Miller-El v. Cockrell, 537 U.S. 322, 327 (2003) (citing Slack v. McDaniel, 529 U.S. 473, 484 (2000)). Review of Mr. Godfrey’s filing plainly demonstrates that he is not entitled to relief as a matter of law. A certificate of appealability is not warranted. 1 ACCORDINGLY, IT IS HEREBY ORDERED that a certificate of appealability is DENIED. DATED this 23rd day of August, 2024.

Dana L. Christensen, District Judge United States District Court