Opinion
No. CIV S-10-2744 MCE GGH P
10-17-2011
JEFFREY IAN COOK, Petitioner, v. G. SWARTHOUT, Warden, Respondent.
ORDER
Petitioner, a state prisoner proceeding pro se, has timely filed a notice of appeal of this Court's May 4, 2011 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 March 17, 2011 findings and recommendations, and this court's May 4, 2011 order, Petitioner has not made a substantial showing of the denial of a constitutional right. Accordingly, Petitioner's motion for a certificate of appealability (ECF No. 25) is DENIED. A certificate of appealability should not issue in this action.
IT IS SO ORDERED.
MORRISON C. ENGLAND, JR.
UNITED STATES DISTRICT JUDGE