USA v. Strickland et al

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ALASKA
UNITED STATES OF AMERICA,
Plaintiff,
v.
JOHNNYLEE PRESTON BURK,
Defendant.
Case No. 3:15-cr-00088-SLG-3
ORDER REGARDING CERTIFICATE OF APPEALABILITY:
DOCKETS 298, 301, 304, and 310
This Court has previously issued several orders in this case related to Mr.
Burk’s 28 U.S.C. § 2255 motion. However, the Court did not address whether it
was granting a certificate of appealability in those orders.1 On November 17, 2020,
the Ninth Circuit remanded this case for this Court to grant or deny a certificate of
appealability.
As to the orders at Docket 298 (dismissing second/subsequent § 2255
motion), Docket 301 (denying motion to proceed pro se and dismissing
supplemental § 2255 motion), Docket 304 (declining to take action on pro se
filings), and Docket 310 (denying reconsideration), the Court finds that Mr. Burk
1 “Upon the filing of a notice of appeal and a request for a certificate of appealability, the district
court shall indicate which specific issue or issues satisfy the standard for issuing a certificate, or
state its reasons why a certificate should not be granted. 28 U.S.C. § 2253(c)(3). If no express
request is made for a certificate of appealability, the notice of appeal shall be deemed to
constitute a request for a certificate.” United States v. Asrar, 116 F.3d 1268, 1270 (9th Cir.
1997).
Case 3:15-cr-00088-SLG Document 311 Filed 11/18/20 Page 1 of 2

Case No. 3:15-cr-00088-SLG, United States v. Burk
Order Re Certificate of Appealability
Page 2 of 2
has not made the requisite substantial showing of the denial of a constitutional
right, and therefore DENIES a certificate of appealability.2 Mr. Burk may request
a certificate of appealability from the Ninth Circuit Court of Appeals.
The Clerk of Court shall forward to the Ninth Circuit the record and a copy
of this order.
DATED this 18th day of November, 2020, at Anchorage, Alaska.
/s/ Sharon L. Gleason
UNITED STATES DISTRICT JUDGE
2 28 U.S.C. §§ 2255(d), 2253(c)(2). See Slack v. McDaniel, 529 U.S. 473, 484 (2000)
(certificate of appealability may be granted only if applicant made a “substantial showing of the
denial of a constitutional right,” i.e., a showing that “reasonable jurists could 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” (internal quotations
and citations omitted)).
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