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Cudgo v. Lea

United States District Court, Ninth Circuit, California, E.D. California
Mar 12, 2015
2:14-cv-0691 CKD P (E.D. Cal. Mar. 12, 2015)

Opinion


MACK CUDGO, JR., Petitioner, v. M. LEA, Respondent. No. 2:14-cv-0691 CKD P United States District Court, E.D. California. March 12, 2015

          ORDER

          CAROLYN K. DELANEY, Magistrate Judge.

         Petitioner, a state prisoner proceeding pro se, has appealed the February 12, 2015 dismissal of his petition for untimeliness. As the order of dismissal did not address whether a certificate of appealability should issue, the court does so here.

Petitioner has consented to this court's jurisdiction to conduct all proceedings in this action. (ECF No. 13.)

         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). Where the petition was dismissed on procedural grounds, a certificate of appealability "should issue if the prisoner can show: (1) that jurists of reason would find it debatable whether the district court was correct in its procedural ruling'; and (2) that jurists of reason would find it debatable whether the petition states a valid claim of the denial of a constitutional right.'" Morris v. Woodford, 229 F.3d 775, 780 (9th Cir. 2000) (quoting Slack v. McDaniel, 529 U.S. 473, 484 (2000)).

         After review of the record herein, this court finds that petitioner has not satisfied the requirement for issuance of a certificate of appealability in this case. Accordingly, a certificate of appealability will not issue in this action.

         IT IS SO ORDERED.


Summaries of

Cudgo v. Lea

United States District Court, Ninth Circuit, California, E.D. California
Mar 12, 2015
2:14-cv-0691 CKD P (E.D. Cal. Mar. 12, 2015)
Case details for

Cudgo v. Lea

Case Details

Full title:MACK CUDGO, JR., Petitioner, v. M. LEA, Respondent.

Court:United States District Court, Ninth Circuit, California, E.D. California

Date published: Mar 12, 2015

Citations

2:14-cv-0691 CKD P (E.D. Cal. Mar. 12, 2015)