Arandav.Dovey

United States District Court, E.D. CaliforniaJun 23, 2009
No. CIV S-08-1232 FCD DAD P (E.D. Cal. Jun. 23, 2009)

No. CIV S-08-1232 FCD DAD P.

June 23, 2009


ORDER


FRANK DAMRELL JR., District Judge

Petitioner, a state prisoner proceeding pro se, has timely filed a notice of appeal of this court's April 27, 2009 dismissal 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 March 31, 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.