Arman Tangabekyan v. United States of America

Filing 12

ORDER DENYING CERTIFICATE OF APPEALABILITY by Judge Dean D. Pregerson Re Notice of Appeal to 9th Circuit Court of Appeals, 9 . (car)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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UNITED STATES OF AMERICA,

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Plaintiff,

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v.

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ARMAN TANGABEKYAN,

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Defendant.
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Case No.

CV 15-05338 DDP
CR 11-00072 (6)

ORDER DENYING CERTIFICATE OF
APPEALABILITY

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The Court hereby DENIES a certificate of appealability (COA)

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in this petition under section 2255. See 28 U.S.C. § 2253(c). A COA

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should be granted when “reasonable jurists could debate whether

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(or, for that matter, agree that) the petition should have been

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resolved in a different manner or that the issues presented were

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adequate to deserve encouragement to proceed further.” Slack v.

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McDaniel, 529 U.S. 473, 484 (2000) (internal quotation marks and

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citations omitted)).

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In this case, given Petitioner’s motion raised substantive

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rather than procedural challenges, no reasonable jurist could find

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that his claim was properly construed as a Rule 60(b) motion rather

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than a successive section 2255 motion in disguise. Thus, the Court

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declines to issue a Certificate of Appealability.
The clerk shall forward to the Ninth Circuit the case file

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with this order. See U.S. v. Asrar, 116 F.3d 1268, 1270 (9th Cir.

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1997).

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IT IS SO ORDERED.

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Dated: April 4, 2017
DEAN D. PREGERSON
United States District Judge

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