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Maness v. Runnels

United States District Court, E.D. California
Jul 21, 2009
No. CIV S-06-0409 FCD KJM P (E.D. Cal. Jul. 21, 2009)

Opinion

No. CIV S-06-0409 FCD KJM P.

July 21, 2009


ORDER


Petitioner, a state prisoner proceeding pro se, has timely filed a notice of appeal of this court's June 3, 2009 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 April 29, 2009 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.


Summaries of

Maness v. Runnels

United States District Court, E.D. California
Jul 21, 2009
No. CIV S-06-0409 FCD KJM P (E.D. Cal. Jul. 21, 2009)
Case details for

Maness v. Runnels

Case Details

Full title:PHILLIP MANESS, Petitioner, v. D.L. RUNNELS, et al., Respondents

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

Date published: Jul 21, 2009

Citations

No. CIV S-06-0409 FCD KJM P (E.D. Cal. Jul. 21, 2009)

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