Opinion
CV 24-00040-M-DLC
08-23-2024
IN RE TRACEY GODFREY, Petitioner,
ORDER DENYING CERTIFICATE OF APPEALABILITY
Dana L. Christensen, District Judge.
On April 8, 2024, this Court issued an Order dismissing this case. (Doc. 3.) Mr. Godfrey filed a Notice of Appeal (Doc. 5) and on May 29, 2024, the Ninth Circuit remanded this matter for the limited purpose of granting or denying a certificate of appealability. (Doc. 7.)
A certificate of appealability should issue as to those claims on which the petitioner makes “a substantial showing of the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2). The standard is satisfied if “jurists of reason could disagree with the district court's resolution of [the] constitutional claims” or “conclude the issues presented are adequate to deserve encouragement to proceed further.” Miller-El v. Cockrell, 537 U.S. 322, 327 (2003) (citing Slack v. McDaniel, 529 U.S. 473, 484 (2000)).
Review of Mr. Godfrey's filing plainly demonstrates that he is not entitled to relief as a matter of law. A certificate of appealability is not warranted.
ACCORDINGLY, IT IS HEREBY ORDERED that a certificate of appealability is DENIED.