Chavez v. Kernan

Full title: FRANK CHAVEZ, Petitioner, v. SCOTT KERNAN, warden, Respondent

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

Date published: Aug 2, 2005

No. C 04-1944 SI (pr) (N.D. Cal. Aug. 2, 2005)

Opinion

No. C 04-1944 SI (pr).

August 2, 2005

ORDER DENYING CERTIFICATE OF APPEALABILITY

SUSAN ILLSTON, District Judge

Petitioner has filed a notice of appeal and a petition for a certificate of appealability. See 28 U.S.C. § 2253(c) and Federal Rule of Appellate Procedure 22(b). Because petitioner has not "made a substantial showing of the denial of a constitutional right," 28 U.S.C. § 2253(c)(2), the petition for a certificate of appealability is DENIED. (Docket # 18.) The Clerk shall forward to the court of appeals the case file with this order. See United States v. Asrar, 116 F.3d 1268, 1270 (9th Cir. 1997).

IT IS SO ORDERED.