From Casetext: Smarter Legal Research

Banks v. Shepherd

United States District Court, E.D. California
Feb 13, 2006
No. 2:05-cv-0797-MCE-PAN-P (E.D. Cal. Feb. 13, 2006)

Opinion

No. 2:05-cv-0797-MCE-PAN-P.

February 13, 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 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 November 23, 2005, findings and recommendations, 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.


Summaries of

Banks v. Shepherd

United States District Court, E.D. California
Feb 13, 2006
No. 2:05-cv-0797-MCE-PAN-P (E.D. Cal. Feb. 13, 2006)
Case details for

Banks v. Shepherd

Case Details

Full title:PATRICK WILLIAM BANKS, Petitioner, v. Mark Shepherd, Respondent

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

Date published: Feb 13, 2006

Citations

No. 2:05-cv-0797-MCE-PAN-P (E.D. Cal. Feb. 13, 2006)