Saysourivong v. Runnels
Filing
35
ORDER denying 33 Motion for Certificate of Appealability signed by Chief Judge Ralph R. Beistline on 5/21/10. (Kaminski, H)
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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. D. L. RUNNELS, et al., Respondent. / ORDER IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA PHOUSAYKEO SAYSOURIVONG, Petitioner, No. CIV S-03-1747 RRB DAD P
Petitioner, a state prisoner proceeding pro se, has timely filed a notice of appeal of this court's April 9, 2010 denial of his motion for relief from judgment pursuant to Fed. R. Civ. P. 60(b). 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
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/say s1747.coa
For the reasons set forth in the April 9, 2010 order denying relief, 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: 5/21/2010
S/RALPH R. BEISTLINE UNITED STATES DISTRICT JUDGE
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