Lyons, et al v. White, et al
Filing
84
ORDER signed by Judge Garland E. Burrell, Jr on 3/4/10 ORDERING that the issuance of a certificate of appealability is DECLINED re the 83 Notice of Appeal. (Owen, K)
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 vs. THEODORE WHITE, et al., Respondents. / Petitioner, a state prisoner proceeding pro se, has filed a notice of appeal of this court's January 21, 2010, dismissal of his September 11, 2009, motion for relief from this court's order and judgment entered February 28, 2001, denying his application for a writ of habeas corpus. Before petitioner can appeal this decision, a certificate of appealability must issue. 28 U.S.C. § 2253(c); Fed. R. App. P. 22(b). A certificate of appealability may issue under 28 U.S.C. § 2253 "only if the applicant has made a substantial showing of the denial of a constitutional right." 28 U.S.C. § 2253(c)(2). The court must either issue a certificate of appealability indicating which issues satisfy the required showing or must state the reasons why such a certificate should not issue. Fed. R. App. P. 22(b). ///// 1 ORDER WILLIE LYONS, Petitioner, No. CIV S-96-0784 GEB GGH P IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
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For the reasons set forth in the magistrate judge's December 16, 2009, findings and recommendations, petitioner has not made a substantial showing of the denial of a constitutional right. Accordingly, a certificate of appealability should not issue in this action. IT IS SO ORDERED.
Dated: March 4, 2010
GARLAND E. BURRELL, JR. United States District Judge
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