Stuart v. Singh
Filing
23
ORDER signed by Judge Morrison C. England, Jr on 11/15/11: Petitioner's request for a certificate of appealability 22 , is DENIED. (Kaminski, H)
1
2
3
4
5
6
7
8
IN THE UNITED STATES DISTRICT COURT
9
FOR THE EASTERN DISTRICT OF CALIFORNIA
10
11
WENDELL STUART,
12
Petitioner,
13
14
No. 2:10-cv-2098 MCE KJN P
vs.
ORDER
SINGH,
15
Respondent.
16
/
17
Petitioner, a state prisoner proceeding without counsel, has filed a notice of appeal
18
of this court’s dismissal of petitioner’s application for a writ of habeas corpus, and thus moves
19
for a certificate of appealability. 28 U.S.C. § 2253(c); Fed. R. App. P. 22(b).
20
A certificate of appealability may issue under 28 U.S.C. § 2253 “only if the
21
applicant has made a substantial showing of the denial of a constitutional right.” 28 U.S.C. §
22
2253(c)(2). The court must either issue a certificate of appealability indicating which issues
23
satisfy the required showing, or state the reasons why such a certificate should not issue. Fed. R.
24
App. P. 22(b).
25
///
26
///
1
1
This court properly dismissed as time-barred the instant petition for writ of habeas
2
corpus; petitioner failed to assert any basis to warrant equitable tolling of the limitations period.
3
Moreover, the court found, alternatively, a lack of support for petitioner’s “actual innocence” and
4
due process claims. See Magistrate Judge’s Findings and Recommendations, filed July 14, 2011
5
(Docket No. 15), and Order Adopting Findings and Recommendations, filed September 12, 2011
6
(Docket No. 20). Therefore, petitioner has not made a substantial showing of the denial of a
7
constitutional right. 28 U.S.C. § 2253(c)(2).
8
9
10
Accordingly, IT IS HEREBY ORDERED that petitioner’s request for a certificate
of appealability (Dkt. No. 22), is DENIED.
Dated: November 15, 2011
11
12
13
________________________________
MORRISON C. ENGLAND, JR.
UNITED STATES DISTRICT JUDGE
14
15
16
17
18
19
20
21
22
23
24
25
26
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?