Ortiz v. Trimble

Full title: JOSEPH MANUEL ORTIZ, Petitioner, v. ROBERT H. TRIMBLE, Acting Warden…

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

Date published: Sep 4, 2013

2:11-cv-1593 JAM GGH P (E.D. Cal. Sep. 4, 2013)

Opinion

JOSEPH MANUEL ORTIZ, Petitioner, v. ROBERT H. TRIMBLE, Acting Warden, Respondent. No. 2:11-cv-1593 JAM GGH P United States District Court, E.D. California. September 4, 2013

          ORDER

          JOHN A. MENDEZ, District Judge.

         Petitioner, a state prisoner proceeding pro se, has timely filed a notice of appeal of this court's June 27, 2013 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 March 11, 2013 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.