White v. Clark

Filing 39

ORDER Denying Petitioner's Renewed Motion for Certificate of Appealability 38 , signed by Chief Judge Anthony W. Ishii on 8/30/11. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ADRIAN JOE WHITE,
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Petitioner,
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v.
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KEN CLARK, Warden,
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Respondent.
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1:09-CV-0130 AWI-JMD HC
ORDER DENYING PETITIONER’S
RENEWED MOTION FOR CERTIFICATE
OF APPEALABILITY
(Doc. 38)

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Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus
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pursuant to 28 U.S.C. § 2254.
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On October 1, 2010, the Magistrate Judge issued a Findings and Recommendation (“F&R”)
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and on April 6, 2011, the Court issued an order which adopted the F&R in full and declined to issue
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a certificate of appealability. See Docs. 25, 30. On May 11, 2011, Petitioner filed a Notice of
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Appeal. See Doc. 32. On June 2, 2011, Petitioner’s appeal was processed to the Court of Appeals
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for the Ninth Circuit. See Doc 33. On August 4, 2011 Petitioner filed the instant motion renewing
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his request for certificate of appealability. See Doc. 38.
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In declining the certificate of appealability, the Court previously found that “reasonable
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jurists would not find the Court’s determination that Petitioner is not entitled to federal habeas
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corpus relief debatable; thus Petitioner’s claim is not deserving of encouragement to proceed
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further.” See Doc. 30. Petitioner’s renewed motion fails to provide either additional facts or law to
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warrant any change in the Court’s earlier determination. Petitioner may seek further relief with the
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Court of Appeals should Petitioner wish to do so.
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U .S. D istrict C ourt
E. D . C alifornia

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Accordingly, IT IS HEREBY ORDERED that Petitioner’s renewed motion for a certificate of
appealability is DENIED.

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IT IS SO ORDERED.

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Dated:
0m8i78

August 30, 2011
CHIEF UNITED STATES DISTRICT JUDGE

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U .S. D istrict C ourt
E. D . C alifornia

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