Billy Coy Cochran v. James Tilton

Filing 61

ORDER Denying Certificate of Appealability 59 , signed by District Judge Charles R. Breyer on 2/16/2010. (Scrivner, E)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 // // Appealability under 28 U.S.C. § 2253(c) and Federal Rule of Appellate Procedure 22(b). A certificate of appealability is DENIED because Petitioner has not made "a substantial showing of the denial of a constitutional right." 28 U.S.C. § 2253(c)(2). Petitioner has not demonstrated that "reasonable jurists would find the district court's assessment of the constitutional claims debatable or wrong." Slack v. McDaniel, 529 U.S. 473, 484 (2000). The clerk shall forward to the court of appeals the case file with this Order. On January 25, 2010, this Court granted Petitioner's habeas petition as to one of nine asserted grounds. Petitioner has now filed a Request for Certificate of v. MATTHEW KRAMER, Warden Respondent. IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA BILLY COY COCHRAN, Petitioner,

No. C 06-0909 CRB ORDER DENYING CERTIFICATE OF APPEALABILITY

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See United States v. Asrar, 116 F.3d 1268, 1270 (9th Cir. 1997). IT IS SO ORDERED. DATED: February 16, 2010 CHARLES R. BREYER United States District Judge

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