Opinion
Case No. C06-1224JLR.
October 16, 2007
ORDER
This matter comes before the court on Petitioner Percy Levy's motion for certificate of appealability under 28 U.S.C. § 2253(c) (Dkt. # 41). Mr. Levy seeks to appeal the court's August 14, 2007 order denying his 28 U.S.C. § 2254 petition for writ of habeas corpus (Dkt. # 38). For the reasons stated below, the court DENIES the motion.
A certificate of appealability may issue only if the "applicant has made a substantial showing of the denial of a constitutional right." 28 U.S.C. § 2253(c)(2). The certificate must also "indicate which specific issue or issues satisfy [that test]." 28 U.S.C. § 2253(c)(3). An applicant makes a substantial showing if they demonstrate that their petition involves issues which are debatable among reasonable jurists, that a court could resolve the issues differently, or that the issues are adequate enough to deserve encouragement to proceed further. See Dawson v. Mahoney, 451 F.3d 550, 551 (9th Cir. 2006) (citing Slack v. McDaniel, 529 U.S. 473, 484 (2000)).
The court has reviewed the papers filed in this matter, including the Report and Recommendation (Dkt. # 35) and Objections thereto (Dkt. # 36) as well as Mr. Percy's motion for issuance of certificate of appealability (Dkt. #41) and finds that Petitioner has not met his burden. Mr. Levy has not made a substantial showing of the denial of a constitutional right and the motion for certificate of appealability is, therefore, DENIED.