Gray v. Finn
Filing
21
ORDER signed by Senior Judge Alfred T. Goodwin on 5/26/10 ORDERING a certificate of appealability shall not issue in this action. (Carlos, 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 27 28 Petitioner Jeffrey Dee Gray ("Petitioner") is a state prisoner proceeding pro se in a habeas corpus action pursuant to 28 U.S.C. § 2254. On April 28, 2010, this court dismissed his petition for habeas corpus. Petitioner filed a notice of appeal and requested a certificate of appealability from this court. Pursuant to 28 U.S.C. § 2253(c)(2), "[a] certificate of appealability may issue . . . only if the applicant has made a substantial showing of the denial of a constitutional right." Petitioner has not shown that he was denied a constitutional right. Therefore, he has failed to make the showing required to establish that he is entitled to a certificate of appealability. // // // -1vs. Claude E. Finn, Respondent. ________________________________/ Jeffrey Dee Gray, Petitioner, 2:07-CV-01513-ATG ORDER IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
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For these reasons, the Court declines to issue a certificate of appealability. Any further request for a certificate of appealability must be addressed to the Court of Appeals. See Fed. R. App. P. 22(b); Ninth Circuit R. 22-1.
Dated: May 26, 2010 /s/ Alfred T. Goodwin _____________________ ALFRED T. GOODWIN United States Circuit Judge Sitting by designation
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