Opinion
No. CIV-S-11-2028 CKD P.
August 17, 2011
ORDER
Petitioner has requested a certificate of appealability under 28 U.S.C. § 2253(c) with respect to the court's August 5, 2011 dismissal of this action. Pursuant to 28 U.S.C. § 636(c), petitioner has consented to all proceedings in this matter being held before a United States Magistrate Judge.
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). When a habeas petition is dismissed on procedural grounds, a certificate of appealability should issue when the prisoner shows that jurists of reason would find it debatable whether the petition states a valid claim of the denial of a constitutional right and that jurists of reason would find it debatable whether dismissal was correct. Slack v. McDaniel, 529 U.S. 473, 484-85 (2000).
Petitioner's habeas petition was not dismissed. It was simply transferred to another case pursuant to the Ninth Circuit's decision in Woods v. Carey, 525 F.3d 886, 890 (9th Cir. 2008). There is not good cause for appeal.
Accordingly, IT IS HEREBY ORDERED that petitioner's request for a certificate of appealability is denied.