Cook v. Haviland
Filing
26
ORDER signed by Judge John A. Mendez on 11/10/11 ORDERING the petitioner's motion for a certificate of appealability 25 is denied. A certificate of appealability should not issue in this action. (Becknal, R)
<![CDATA[
1
2
3
4
5
6
7
8
IN THE UNITED STATES DISTRICT COURT
9
FOR THE EASTERN DISTRICT OF CALIFORNIA
10
JEFFREY IAN COOK,
11
Petitioner,
12
13
No. CIV S-10-2355 JAM GGH P
vs.
J. W. HAVILAND, Warden,
14
Respondent.
15
ORDER
/
16
Petitioner, a state prisoner proceeding pro se, has timely filed a notice of appeal of
17
this court's May 10, 2011 denial of his application for a writ of habeas corpus. Before petitioner
18
can appeal this decision, a certificate of appealability must issue. 28 U.S.C. § 2253(c); Fed. R.
19
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 must state the reasons why such a certificate should not issue.
24
Fed. R. App. P. 22(b).
25
/////
26
/////
1
1
For the reasons set forth in the magistrate judge’s March 17, 2011 findings and
2
recommendations, petitioner has not made a substantial showing of the denial of a constitutional
3
right. Accordingly, petitioner’s motion for a certificate of appealability (Doc. No. 25) is denied.
4
A certificate of appealability should not issue in this action.
5
6
IT IS SO ORDERED.
DATED: November 10, 2011
7
/s/ John A. Mendez
8
UNITED STATES DISTRICT COURT JUDGE
9
10
11
12
13
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?
