Opinion
No. CIV S-03-1149 LKK KJM P.
July 26, 2010
ORDER
On July 15, 2010, the Ninth Circuit Court of Appeals remanded this 28 U.S.C. § 2254 action for this court to determine whether a certificate of appealability should issue. 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). For the reasons set forth in the magistrate judge's August 24, 2007 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.