Zaragoza v. Chavez
Filing
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ORDER DENYING CERTIFICATE OF APPEALABILITY re 12 Notice of Appeal filed by Leopoldo Guzman Zaragoza. Signed by Judge Charles R. Breyer on 8/21/2012. (Attachments: # 1 Certificate/Proof of Service)(beS, COURT STAFF) (Filed on 8/23/2012)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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LEOPOLDO GUZMAN ZARAGOZA, )
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Petitioner,
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vs.
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FRANK X. CHAVEZ, Warden,
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Respondent.
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No. C 11-5392 CRB (PR)
ORDER DENYING
CERTIFICATE OF
APPEALABILITY
(Docket # 12)
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Petitioner has filed a notice of appeal and request for a certificate of
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appealability (COA) under 28 U.S.C. § 2253(c) and Federal Rule of Appellate
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Procedure 22(b) following the court's July 30, 2012 order granting respondent's
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motion to dismiss the petition as untimely.
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Petitioner's request for a COA (docket # 12) is DENIED because
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petitioner has not made "a substantial showing of the denial of a constitutional
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right." 28 U.S.C. § 2253(c)(2). Petitioner has not demonstrated that "jurists of
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reason would find it debatable whether the petition states a valid claim of the
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denial of a constitutional right and that jurists of reason would find it debatable
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whether the district court was correct in its procedural ruling." Slack v.
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McDaniel, 529 U.S. 473, 484 (2000).
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The clerk shall forward to the court of appeals the case file with this order.
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See United States v. Asrar, 116 F.3d 1268, 1270 (9th Cir. 1997).
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SO ORDERED.
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DATED: Aug. 21,2012
CHARLES R. BREYER
United States District Judge
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G:\PRO-SE\CRB\HC.11\Zaragoza, L.11-5392.coa.wpd
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