Scarbrough v. Lamarque

Full title: MARK SCARBROUGH, Petitioner, v. ANTHONY LAMARQUE, Respondent

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

Date published: Sep 20, 2005

No. CIV S-00-2146 LKK PAN P (E.D. Cal. Sep. 20, 2005)

Opinion

No. CIV S-00-2146 LKK PAN P.

September 20, 2005

ORDER

LAWRENCE KARLTON, Senior District Judge

Petitioner, a state prisoner proceeding pro se, has timely filed a notice of appeal of this court's August 15, 2005, 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 21, 2005, 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.