Opinion
No. Civ S-05-0126 DFL GGH P.
August 3, 2006
ORDER
Petitioner, a state prisoner, has timely filed a notice of appeal of this court's March 17, 2006 dismissal 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).
Under 28 U.S.C. § 2253, a certificate of appealability is warranted only if the case presents a "substantial question," i.e., one that is "`debatable among jurists of reason,'" could be resolved differently by a different court, or is "`adequate to deserve encouragement to proceed further.'" Jennings v. Woodford, 290 F.3d 1006, 1010 (9th Cir. 2002) (quotingBarefoot v. Estelle, 463 U.S. 880, 893 (1983)).
This case presents no such "substantial question." The issues raised have been resolved by the Supreme Court in Pace v. Guglilmo, 125 S.Ct. 1807 (2005). Accordingly, the court will not issue a certificate of appealability in the present action.
IT IS SO ORDERED.