Opinion
No. CIV S-02-1583-DFL-CMK.
August 3, 2006
ORDER
Petitioner, a state prisoner proceeding with appointed counsel, brings this petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Pending before the court is petitioner's request for a certificate of appealability filed on October 24, 2005.
Under 28 U.S.C. § 2253 a certificate of appealability is warranted only if the case presents a "substantial question," i.e., one that is "`debatable among jurists of reason,'" could be resolved differently by a different court, or is "`adequate to deserve encouragement to proceed further.'" Jennings v. Woodford, 290 F.3d 1006, 1010 (9th Cir. 2002) (quoting Barefoot v. Estelle, 463 U.S. 880, 893 (1983)).
For the reasons given in the September 8, 2005, Findings and Recommendations, this case presents no such "substantial question" and the October 24, 2005 motion for certificate of appealability is DENIED.
IT IS SO ORDERED.