Opinion
No. 2:12-cv-0457 MCE KJN P
02-14-2013
ROBIN GILLEN STARR, Petitioner, v. STATE OF CALIFORNIA, et al., Respondents.
ORDER
Petitioner, a state prisoner proceeding pro se, filed a notice of appeal of this Court's December 5, 2012, Order granting respondents' motion to dismiss petitioner's application for a writ of habeas corpus. Before petitioner can 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 "only if the applicant has made a substantial showing of the denial of a constitutional right." 28 U.S.C. § 2253(c)(2). The court must either issue a certificate of appealability indicating which issues satisfy the required showing or must state the reasons why such a certificate should not issue. Fed. R. App. P. 22(b).
For the reasons set forth in the Magistrate Judge's October 19, 2012 findings and recommendations (ECF No. 92), petitioner has not made a substantial showing of the denial of a constitutional right. Accordingly, a certificate of appealability should not issue in this action.
IT IS SO ORDERED.
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MORRISON C. ENGLAND, JR., CHIEF JUDGE
UNITED STATES DISTRICT JUDGE