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Wiley v. Ollison

United States District Court, E.D. California
Aug 28, 2006
No. 2:05-cv-1683-GEB-CMK-P (E.D. Cal. Aug. 28, 2006)

Opinion

No. 2:05-cv-1683-GEB-CMK-P.

August 28, 2006


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. 20), filed on August 15, 2006.

Petitioner, a state prisoner proceeding pro se, has timely filed a notice of appeal of this court's July 14, 2006, dismissal of his application for a writ of habeas corpus as untimely under 28 U.S.C. § 2244(d). 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 May 26, 2006, 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

Wiley v. Ollison

United States District Court, E.D. California
Aug 28, 2006
No. 2:05-cv-1683-GEB-CMK-P (E.D. Cal. Aug. 28, 2006)
Case details for

Wiley v. Ollison

Case Details

Full title:DAVID LEWIS WILEY, Petitioner, v. D.L. OLLISON, Warden, Respondent

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

Date published: Aug 28, 2006

Citations

No. 2:05-cv-1683-GEB-CMK-P (E.D. Cal. Aug. 28, 2006)