Opinion
No. CIV-S-11-2753 KJM KJN P
01-28-2013
RONALD REED, Petitioner, v. KNIPP, et al., Respondents.
ORDER
On December 17, 2012, the court granted respondents' motion to dismiss petitioner's application for writ of habeas corpus. (ECF 19.) Petitioner filed a motion for a certificate of appealability on January 3, 2013. (ECF 22.)
If petitioner wishes to 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 "if the applicant has made a substantial showing of the denial of a constitutional right." 28 U.S.C. § 2253(c)(2). The certificate of appealability must "indicate which specific issue or issues satisfy" the requirement. 28 U.S.C. § 2253(c)(3). A certificate of appealability should be granted for any issue that petitioner can demonstrate is "'debatable among jurists of reason,'" could be resolved differently by a different court, or is "'adequate to deserve encouragement to proceed further.'" Jennings v. Woodford, 290 F.3d 1006, 1010 (9th Cir. 2002) (quoting Barefoot v. Estelle, 463 U.S. 880, 893 (1983)). In this case, petitioner has failed to make a substantial showing with respect to any of the claims presented.
Except for the requirement that appealable issues be specifically identified, the standard for a certificate of appealability is the same as the standard applied to issuance of a certificate of probable cause. Jennings, 290 F.3d at 1010.
Accordingly, the court DENIES petitioner's motion for a certificate of appealability.
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UNITED STATES DISTRICT JUDGE