appeal arises from 28 U.S.C. §§ 1291 and 2253. Under the provisions of § 2253(c)(1)(B), appellant must obtain a certificate of appealability before this court considers his appeal. To obtain a certificate of appealability, appellant must make “a substantial showing of the denial of a constitutional right.” Id. § 2253(e)(2). The district court did not rule on the certificate of appealability issue, which this court deems a denial. Appellant filed an application for a certificate of appealability and a motion to proceed in forma pauperis on appeal. The motion to proceed in for-ma pauperis is granted. The district court denied appellant’s § 2255 motion as untimely under the Anti-terrorism and Effective Death Penalty Act, see United States v. Simmonds, 111 F.3d 737, 746 (10th Cir.1997) (<HOLDING>), and held that his claims were without merit.
holding that prisoners whose convictions became final on or before april 24 1996 must file their  2255 motions before april 24 1997 holding that in general aedpa applies only to habeas petitions filed after the statutes effective date of april 24 1996 and noting that aedpas special procedures for 28 usc  2254 petitions in capital cases apply also to petitions pending on april 24 1996 holding that prisoners had one year from the effective date of aedpa april 24 1996 to file their habeas petitions before they could be considered timebarred by the operation of  2244d1 holding that the aedpa applies to those habeas corpus petitions filed after its effective date of april 24 1996 holding that a prisoner with a state conviction finalized before april 24 1996  had until april 23 1997 to file a federal habeas petition