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Simpson v. Deboo

United States District Court, E.D. California
Feb 19, 2010
No. CIV S-06-2763 WBS KJM P (E.D. Cal. Feb. 19, 2010)

Opinion

No. CIV S-06-2763 WBS KJM P.

February 19, 2010


ORDER


Petitioner, a state prisoner proceeding pro se, has timely filed a notice of appeal of this court's February 3, 2010 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 December 8, 2009 findings and recommendations and this court's February 3, 2010 order, 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.


Summaries of

Simpson v. Deboo

United States District Court, E.D. California
Feb 19, 2010
No. CIV S-06-2763 WBS KJM P (E.D. Cal. Feb. 19, 2010)
Case details for

Simpson v. Deboo

Case Details

Full title:WAYNE SIMPSON, Petitioner, v. KUMA J. DEBOO, Respondent

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

Date published: Feb 19, 2010

Citations

No. CIV S-06-2763 WBS KJM P (E.D. Cal. Feb. 19, 2010)