Opinion
5:13-cr-00736-EJD-1
08-31-2022
UNITED STATES OF AMERICA, Plaintiff, v. SANJIV KAKKAR, Defendant.
ORDER RE CERTIFICATE OF APPEALABILITY
RE: DKT. NO. 244
EDWARD J. DAVILA UNITED STATES DISTRICT JUDGE
On August 22, 2022, the Ninth Circuit remanded the above-entitled action to this Court for the limited purpose of granting or denying a certificate of appealability. A movant may appeal a district court's dismissal of a § 2255 motion only after obtaining a certificate of appealability from the district court or circuit court. 28 U.S.C. § 2253(c)(1)(B). “A certificate of appealability may issue . . . only if the applicant has made a substantial showing of the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2). This standard is satisfied if “jurists of reason could disagree with the district court's resolution of [the] constitutional claims” or “conclude the issues presented are adequate to deserve encouragement to proceed further.” Miller-El v. Cockrell, 537 U.S. 322, 327 (2003) (citing Slack v. McDaniel, 529 U.S. 473, 484 (2000)). A certificate of appealability as to Kakkar's constitutional claims will not issue. This is not a case in which “reasonable jurists would find the [Court's] assessment of the constitutional claims debatable or wrong.” Slack, 529 U.S. at 484.
IT IS SO ORDERED.