White v. Lewis

Full title: DAVID LEE WHITE, Petitioner, v. GAIL LEWIS, Respondent

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

Date published: Sep 15, 2005

2:02-cv-001125-GEB-KJM-P (E.D. Cal. Sep. 15, 2005)

Opinion

2:02-cv-001125-GEB-KJM-P.

September 15, 2005

ORDER

GARLAND BURRELL, District Judge

Petitioner, a state prisoner proceeding pro se, has timely filed a notice of appeal of this court's August 18, 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 July 1, 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.