Opinion
No. 06-2208 CW.
May 28, 2010
ORDER GRANTING, IN PART, CERTIFICATE OF APPEALABILITY
Petitioner filed a habeas corpus petition pursuant to 28 U.S.C. § 2254, alleging as a violation of his due process rights a denial of parole by the California Board of Parole Hearings (Board) and two other claims. On March, 19 2008, the Court entered judgment denying the petition. Petitioner has appealed and the Ninth Circuit has remanded for this Court to determine whether to issue a certificate of appealability.
A habeas petitioner may not appeal a final order in a federal habeas proceeding without first obtaining a certificate of appealability (formerly known as a "certificate of probable cause to appeal"). 28 U.S.C. § 2253(c); Fed.R.App.P. 22(b); Hayward v. Marshall, 2010 WL 1664977, at *5 (9th Cir. Apr. 22, 2010) (en banc) (holding certificate of appealability required in habeas cases challenging denial of parole). A certificate of appealability should be granted "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 of appealability must indicate which issue or issues satisfy the showing required by § 2253(c)(2). 28 U.S.C. § 2253(c)(3).
The Court finds that Petitioner has made a sufficient showing of the denial of a constitutional right in regard to the claim that his due process rights were violated by the denial of parole by the Board. Petitioner has not made a showing of the denial of a constitutional right regarding the two other claims he alleged.
CONCLUSION
Accordingly, the Court grants, in part, a certificate of appealability to Petitioner.
IT IS SO ORDERED.