Opinion
Case No. 2:04-cv-1299 JKS EFB.
February 7, 2008
ORDER
Petitioner, a state prisoner now represented by counsel, has timely filed a Notice of Appeal from the judgment entered herein on January 9, 2008. Docket No. 27.
Before Petitioner can appeal the judgment, a Certificate of Appealability ("COA") must issue. 28 U.S.C. § 2253(c); Fed.R.App.P. 22(b). "To obtain a COA under § 2253(c), a habeas prisoner must make a substantial showing of the denial of a constitutional right, a demonstration that . . . includes showing that reasonable jurists could debate whether (or, for that matter, agree that) the petition should have been resolved in a different manner or that the issues presented were adequate to deserve encouragement to proceed further. Slack v. McDaniel, 529 U.S. 473, 482 (2000) (internal quotation marks and citations omitted).
Although the Court denied Petitioner's application for a writ of habeas corpus, the Court believes that reasonable jurists could debate whether the petition should have been resolved in a different manner. As the issues raised are significantly intertwined, the Court declines to single out any specific issue for different treatment. Accordingly, a COA shall issue as to all claims in the petition.