Opinion
No. C 07-05301 SBA (PR).
May 17, 2010
ORDER GRANTING EXTENSION OF TIME; DENYING REQUEST FOR CERTIFICATE OF APPEALABILITY
Petitioner's habeas petition challenging the denial of parole in 2005 conviction in the state courts was denied on its merits. Petitioner has filed a motion for an extension of time in which to file a notice of appeal, a notice of appeal, and a request for a certificate of appealability.
Good cause appearing, the request for an extension of time is GRANTED.
A certificate of appealability is now required in order to appeal the denial of a habeas petition challenging a parole decision. See Hayward v. Marshall, No. 06-55392, 2010 WL 1664977, at *5 (9th Cir. Apr. 22, 2010) (en banc). For the reasons expressed in the order denying the petition, petitioner has not shown "that jurists of reason would find it debatable whether the petition states a valid claim of the denial of a constitutional right." Slack v. McDaniel, 529 U.S. 473, 484 (2000). This conclusion is not altered by the decision announced in Hayward. Accordingly, the request for a certificate of appealability is DENIED.
The Clerk shall forward this order, along with the case file, to the United States Court of Appeals for the Ninth Circuit, from which Petitioner may also seek a certificate of appealability.See United States v. Asrar, 116 F.3d 1268, 1270 (9th Cir. 1997).
This Order terminates Docket nos. 16 and 18.
IT IS SO ORDERED.