McKinney v. Walker

Full title: ALONZO McKINNEY Petitioner, v. J. WALKER Respondent

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

Date published: Feb 7, 2011

No. CIV S-09-1650 GGH (TEMP) P (E.D. Cal. Feb. 7, 2011)

Opinion

No. CIV S-09-1650 GGH (TEMP) P.

February 7, 2011

ORDER

GREGORY HOLLOWS, Magistrate Judge

Petitioner, a state prisoner proceeding pro se, has timely filed a notice of appeal of this court's 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).¹

1 Because petitioner consented to the magistrate judge's jurisdiction under 28 U.S.C. § 636(c), the undersigned has authority to determine whether a certificate of appealability should issue.

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 order entered June 10, 2010, petitioner has not made a substantial showing of the denial of a constitutional right. Accordingly, the court declines to issue a certificate of appealability issue in this action.

IT IS SO ORDERED.

DATED: February 7, 2011