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United States v. Kakkar

United States District Court, Northern District of California
Aug 31, 2022
5:13-cr-00736-EJD-1 (N.D. Cal. Aug. 31, 2022)

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.


Summaries of

United States v. Kakkar

United States District Court, Northern District of California
Aug 31, 2022
5:13-cr-00736-EJD-1 (N.D. Cal. Aug. 31, 2022)
Case details for

United States v. Kakkar

Case Details

Full title:UNITED STATES OF AMERICA, Plaintiff, v. SANJIV KAKKAR, Defendant.

Court:United States District Court, Northern District of California

Date published: Aug 31, 2022

Citations

5:13-cr-00736-EJD-1 (N.D. Cal. Aug. 31, 2022)