Hancock v. Curry

Full title: JOSEPH GIDEON HANCOCK, Petitioner, v. BEN CURRY, Respondent

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

Date published: Oct 25, 2007

No. CIV S-02-2413 FCD KJM P (E.D. Cal. Oct. 25, 2007)

Opinion

No. CIV S-02-2413 FCD KJM P.

October 25, 2007

ORDER

FRANK DAMRELL JR., District Judge

Petitioner, a state prisoner proceeding pro se, has timely filed a notice of appeal of this court's September 26, 2007 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 August 24, 2006 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.