Unpublished Dispositiondonald Jeffries Hatch, Appellant, v. William M. Plaut, 927 F.2d 1257 (D.C. Cir. 1991)

Upon consideration of the motion to dismiss, or in the alternative, for summary affirmance, and the opposition thereto; and construing the notice of appeal as a request for issuance of a certificate of probable cause, it is

ORDERED, on the court's own motion, that the request for issuance of a certificate of probable cause be denied and the appeal be dismissed for lack of jurisdiction. A certificate of probable cause is a jurisdictional prerequisite to an appeal by a state prisoner from the denial of a federal habeas petition. See Garris v. Lindsay, 794 F.2d 722, 724 (D.C. Cir.), cert. denied, 479 U.S. 993 (1986). A certificate of probable cause may issue only upon a "substantial showing of the denial of a federal right." Barefoot v. Estelle, 463 U.S. 880, 892 (1983). No such showing has been made here. It is

FURTHER ORDERED that the motion to dismiss, or in the alternative for summary affirmance, be dismissed as moot.

Because no appeal has been allowed, no mandate shall issue.