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Anthony v. Lewis

United States District Court, E.D. California
Feb 21, 2006
No. CIV S-02-0081 FCD JFM P (E.D. Cal. Feb. 21, 2006)

Opinion

No. CIV S-02-0081 FCD JFM P.

February 21, 2006


ORDER


Petitioner, a state prisoner proceeding pro se, has timely filed a notice of appeal of this court's January 5, 2006, denial of his 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 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)).

Except for the requirement that appealable issues be specifically identified, the standard for issuance of a certificate of appealability is the same as the standard that applied to issuance of a certificate of probable cause.Jennings, at 1010.

Petitioner has made a substantial showing of the denial of a constitutional right in the following issues presented in the instant petition: (1) whether his trial counsel rendered ineffective assistance; (2) whether his constitutional rights were violated when the trial court accepted a plea agreement which violated state law; and (3) whether his sentence pursuant to California's Three Strikes Law violated the plea agreements in his prior criminal proceedings.

Accordingly, IT IS HEREBY ORDERED that a certificate of appealability is issued in the present action.


Summaries of

Anthony v. Lewis

United States District Court, E.D. California
Feb 21, 2006
No. CIV S-02-0081 FCD JFM P (E.D. Cal. Feb. 21, 2006)
Case details for

Anthony v. Lewis

Case Details

Full title:MICHAEL ANTHONY, Petitioner, v. GAIL LEWIS, Warden, et al., Respondents

Court:United States District Court, E.D. California

Date published: Feb 21, 2006

Citations

No. CIV S-02-0081 FCD JFM P (E.D. Cal. Feb. 21, 2006)