Ramos v. Prosper

Full title: ALBERT FRANK RAMOS, Petitioner, v. K. PROSPER, Respondent

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

Date published: Oct 7, 2009

No. CIV S-05-0995 MCE DAD P (E.D. Cal. Oct. 7, 2009)

Opinion

No. CIV S-05-0995 MCE DAD P.

October 7, 2009

ORDER

MORRISON ENGLAND JR., District Judge

Petitioner, a state prisoner proceeding pro se, has timely filed a notice of appeal of this court's June 30, 2009 denial of his application for a writ of habeas corpus. By order dated August 26, 2009, petitioner's request for a thirty day extension of time to file a request for a certificate of appealability was granted. Petitioner has not filed a request for a certificate of appealability.

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 May 4, 2009 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.