Opinion
Case No. CV 11-489-JFW CR 07-463-JFW
08-05-2011
Howard Chen, Petitioner, v. United States of America, Respondent.
JUDGMENT
Pursuant to this Court's August 5, 2011 Order denying Petitioner Howard Chen's Motion to Vacate, Set Aside, or Correct Sentence By a Person in Federal Custody,
IT IS NOW, THEREFORE, HEREBY ORDERED, ADJUDGED AND DECREED, that the above-captioned action is dismissed with prejudice.
If Petitioner gives timely notice of an appeal from this Order, such notice shall be treated as an application for a certificate of appealability, 28 U.S.C. § 2253(c), which will not issue because Petitioner has failed to make a substantial showing of the denial of a constitutional right. Miller-El v. Cockrell, 537 F.3d 322 (9th Cir. 2003); Williams v. Woodford, 384 F.3d 567 (9th Cir. 2004).
JOHN F. WALTER
UNITED STATES DISTRICT JUDGE