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McNeal v. Adams

United States District Court, E.D. California
Jun 18, 2008
No. CIV S-06-1763-MCE-CMK-P (E.D. Cal. Jun. 18, 2008)

Opinion

No. CIV S-06-1763-MCE-CMK-P.

June 18, 2008


ORDER


Petitioner, a state prisoner proceeding pro se, brings this petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Pending before the court is petitioner's request for a certificate of appealability (Doc. 28), filed on June 13, 2008.

Petitioner, a state prisoner proceeding pro se, has timely filed a notice of appeal of this court's denial of his application for a writ of habeas corpus. Before petitioner can appeal this decision, a certificate of appealability must issue.See 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. See Fed.R.App.P. 22(b). For the reasons set forth in the magistrate judge's April 21, 2008 findings and recommendations, petitioner has not made a substantial showing of the denial of a constitutional right.

Accordingly, IT IS HEREBY ORDERED that petitioner's request for a certificate of appealability is denied.


Summaries of

McNeal v. Adams

United States District Court, E.D. California
Jun 18, 2008
No. CIV S-06-1763-MCE-CMK-P (E.D. Cal. Jun. 18, 2008)
Case details for

McNeal v. Adams

Case Details

Full title:TROY TERRELL McNEAL, Petitioner, v. DERREL G. ADAMS, et al., Respondents

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

Date published: Jun 18, 2008

Citations

No. CIV S-06-1763-MCE-CMK-P (E.D. Cal. Jun. 18, 2008)