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MacMeekin v. Curry

United States District Court, N.D. California
Aug 6, 2010
No. C 07-3771 CRB (PR) (N.D. Cal. Aug. 6, 2010)

Opinion

No. C 07-3771 CRB (PR).

August 6, 2010


ORDER GRANTING CERTIFICATE OF APPEALABILITY AS TO ONE CLAIM


Per order filed on July 7, 2010, the Ninth Circuit remanded this case to the district court for the limited purpose of granting or denying a certificate of appealability (COA) under 28 U.S.C. § 2253(c) and Federal Rule of Appellate Procedure 22(b).

A COA is granted as to petitioner's claim that the California Board of Parole Hearings' March 14, 2006 decision to deny him parole is not supported by some evidence. Cf. Pirtle v. California Bd. of Prison Terms, No. 07-16097, 2010 WL 2732888, at *8 (9th Cir. July 12, 2010) (holding that board's decision to deny parole was not supported by some evidence of current dangerousness because board's stated reasons for denial of parole either lacked evidentiary support or had no rational relationship to petitioner's current dangerousness); Cooke v. Solis, 606 F.3d 1206, 1215-16 (9th Cir. 2010) (same). But a COA is denied as to petitioner's other claims because it cannot be said that "reasonable jurists would find the district court's assessment of [those] constitutional claims debatable or wrong." Slack v. McDaniel, 529 U.S. 473, 484 (2000).

The clerk shall close the file and forward to the Ninth Circuit the case file with this order. See United States v. Asrar, 116 F.3d 1268, 1270 (9th Cir. 1997).

SO ORDERED.


Summaries of

MacMeekin v. Curry

United States District Court, N.D. California
Aug 6, 2010
No. C 07-3771 CRB (PR) (N.D. Cal. Aug. 6, 2010)
Case details for

MacMeekin v. Curry

Case Details

Full title:KEITH MacMEEKIN, Petitioner, v. BEN CURRY, Warden, Respondent

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

Date published: Aug 6, 2010

Citations

No. C 07-3771 CRB (PR) (N.D. Cal. Aug. 6, 2010)