Banks v. Hedgpeth
Filing
28
ORDER Denying 27 Request for Certificate of Appealability, signed by District Judge Phyllis J. Hamilton on 5/4/2010. (Verduzco, M)
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1 2 3 4 5 6 7 8 9 10 United States District Court For the Eastern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NATHAN BANKS, Petitioner, v WARDEN A. HEDGPETH, Respondent _____________________________/ The court denied the petition for a writ of habeas corpus in the above-captioned matter and issued judgment in favor of respondent. Petitioner has filed a an application for a certificate of appealability. "[A]n appeal may not be taken to the court of appeals from" the denial of a habeas petition unless a certificate of appealability is issued. 28 U.S.C. § 2253(c)(1) (2009). A certificate of appealability may be issued "only if the applicant has made a substantial showing of the denial of a constitutional right," id. § 2253(c)(2); the certificate "shall indicate which specific issue or issues satisfy [this] showing," id. § 2254(c)(3). For the reasons stated in the court's prior order denying the petition, petitioner has not made any showing of the denial of a constitutional right, much less the substantial No. C 08-00899 PJH ORDER DENYING REQUEST FOR CERTIFICATE OF APPEALABILITY IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA
1 2 3 4 5 6 7 8 9 10 United States District Court For the Eastern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
showing required for the issuance of a certificate of appealability. Accordingly, and good cause appearing therefor, petitioner's application for a certificate of appealability is denied. IT IS SO ORDERED. Dated: May 4, 2010 ___________________________________ PHYLLIS J. HAMILTON United States District Judge
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