Majalca v. Thornell et al

Filing 31

ORDER denying 28 Sealed Motion for Certificate of Appealability. A Certificate of Appealability shall not issue. Signed by Judge John C Hinderaker on 7/3/2024. (DLC)

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1 WO 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 John Anthony Majalca, Petitioner, 10 11 v. 12 Ryan Thornell, et al., 13 No. CV-23-00398-TUC-JCH ORDER Respondents. 14 15 On June 07, 2024, the Court adopted Magistrate Judge Rateau's Report and 16 Recommendation and denied incarcerated pro se Petitioner's Petition. Doc. 26. Before the 17 Court is Petitioner's 700-page "Motion for Certificate of Appealability," Doc. 28, which 18 the Court sealed because it contains highly sensitive information. See Doc. 29. 19 Before Petitioner can appeal this Court's judgment, a certificate of appealability 20 must issue. See Fed. R. App. P. 22(b)(1) (the applicant cannot take an appeal unless a circuit 21 justice or a circuit or district judge issues a certificate of appealability under 28 U.S.C. § 22 2253(c)). Additionally, 28 U.S.C. § 2253(c)(2) provides that a certificate may issue only if 23 the applicant has made a substantial showing of the denial of a constitutional right. In the 24 certificate, the court must indicate which specific issues satisfy this showing. See 28 U.S.C. 25 § 2253(c)(3). A substantial showing is made when the resolution of an issue of appeal is 26 debatable among reasonable jurists, if courts could resolve the issues differently, or if the 27 issue deserves further proceedings. See Slack v. McDaniel, 529 U.S. 473, 484-85 (2000). 28 Upon review of the record, and considering the standards for granting a certificate 1 of appealability, the Court concludes that a certificate shall not issue as the resolution of 2 the petition is not debatable among reasonable jurists and does not deserve further 3 proceedings. 4 Accordingly, 5 IT IS ORDERED DENYING Petitioner's Motion (Doc. 28). A Certificate of 6 7 Appealability shall not issue. Dated this 3rd day of July, 2024. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-

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