Opinion
Case No. C08-5333RBL.
January 12, 2009
ORDER
THIS MATTER comes on before the above-entitled Court upon Petitioner's Motion for a Certificate of Appealability [Dkt. #30] and Motion for Appointment of Counsel [Dkt. #32]. Having considered the entirety of the records and file herein, the Court finds and rules as follows:
For the reasons set forth in the Report and Recommendation [Dkt. #25] the Court declines to issue a certificate of appealability because the petitioner has failed to make "a substantial showing of the denial of a constitutional right." 28 U.S.C. § 2253(c)(2). The Motion for a Certificate of Appealability [Dkt. #30] is DENIED.
Petitioner's Motion for Appointment of Counsel [Dkt. #32] is also DENIED.
IT IS SO ORDERED.
The Clerk shall send uncertified copies of this order to all counsel of record, and to any party appearing pro se.