Santos v. Holland et al

Filing 52

ORDER signed by Chief Judge Lawrence J. O'Neill on 8/10/2017 clarifying issue on which certificate of appealability is granted 51 . (Lundstrom, T)

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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 EASTERN DISTRICT OF CALIFORNIA 7 8 MATTA J. SANTOS, Petitioner, 9 10 11 v. K. HOLLAND, et al., Case No. 1:12-cv-01651-LJO-EPG-HC ORDER CLARIFYING ISSUE ON WHICH CERTIFICATE OF APPEALABILITY IS GRANTED (ECF No. 51) Respondents. 12 13 14 Petitioner is a state prisoner, represented by court-appointed counsel, who proceeded with 15 a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. On June 3, 2017, the Court 16 denied the petition, but granted a certificate of appealability. (ECF No. 46). On June 16, 2017, 17 Petitioner appealed the denial of his petition. (ECF No. 48). On August 7, 2017, the Ninth 18 Circuit remanded this matter for the limited purpose of issuing an order that clarifies the issues 19 on which this Court granted a certificate of appealability. (ECF No. 51). 20 Accordingly, the Court hereby ORDERS THAT a certificate of appealability is issued in 21 this matter only with respect to whether Petitioner’s gang validation and the resultant indefinite 22 confinement in the security housing unit violated due process. 23 24 25 26 27 28 IT IS SO ORDERED. Dated: August 10, 2017 /s/ Lawrence J. O’Neill _____ UNITED STATES CHIEF DISTRICT JUDGE

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