Hughes v. People of the State of California

Filing 58

ORDER DENYING 57 Motion for Certificate of Appealability, signed by Chief Judge Lawrence J. O'Neill on 10/26/2016. (Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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BERNARD C. HUGHES,

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Case No. 1:14-cv-01237-LJO-SKO HC

Petitioner,
ORDER DENYING MOTION TO ISSUE
CERTIFICATE OF APPEALABILITY

v.
CHRISTIAN PFEIFFER, Warden,
Respondent.

(Doc. 57)

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On August 7, 2014, Petitioner filed a petition for writ of habeas corpus pursuant to 28 U.S.C.

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§ 2254; he amended the petition on September 24, 2015. On October 7, 2016, the Court entered an

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order denying the petition and declining to issue a certificate of appealability. Having appealed this

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Court’s judgment to the U.S. Court of Appeals for the Ninth Circuit, Petitioner now moves for a
certificate of appealability. Petitioner bases his motion on his disagreement with the Court’s

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application of the standards governing issuance of a certificate of appealability.
Basis for Issuing or Denying a Certificate of Appealability
A petitioner seeking a writ of habeas corpus has no absolute entitlement to appeal a district
court's denial of his petition, but may only appeal in certain circumstances. Miller-El v. Cockrell,
537 U.S. 322, 335-36 (2003). The controlling statute in determining whether to issue a certificate of
appealability is 28 U.S.C. § 2253, which provides:

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(a) In a habeas corpus proceeding or a proceeding under section 2255 before a
district judge, the final order shall be subject to review, on appeal, by the court of
appeals for the circuit in which the proceeding is held.
(b) There shall be no right of appeal from a final order in a proceeding to test the
validity of a warrant to remove to another district or place for commitment or
trial a person charged with a criminal offense against the United States, or to test
the validity of such person's detention pending removal proceedings.

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(c) (1) Unless a circuit justice or judge issues a certificate of appealability, an
appeal may not be taken to the court of appeals from—

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(A) the final order in a habeas corpus proceeding in which the detention
complained of arises out of process issued by a State court; or

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(B) the final order in a proceeding under section 2255.

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(2) A certificate of appealability may issue under paragraph (1) only if the
applicant has made a substantial showing of the denial of a constitutional right.

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(3) The certificate of appealability under paragraph (1) shall indicate which
specific issues or issues satisfy the showing required by paragraph (2).

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If a court denies a habeas petition, the court may only issue a certificate of appealability "if

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jurists of reason could disagree with the district court's resolution of his constitutional claims or that

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jurists could conclude the issues presented are adequate to deserve encouragement to proceed

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further." Miller-El, 537 U.S. at 327; Slack v. McDaniel, 529 U.S. 473, 484 (2000). Although the

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petitioner is not required to prove the merits of his case, he must demonstrate "something more than
the absence of frivolity or the existence of mere good faith on his . . . part." Miller-El, 537 U.S. at

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338. In this case, reasonable jurists would not find the Court's determination that Petitioner is not
entitled to federal habeas corpus relief debatable, wrong, or deserving of encouragement to proceed
further.

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Conclusion and Order
The Court DECLINES to issue a certificate of appealability.

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IT IS SO ORDERED.
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Dated:

/s/ Lawrence J. O’Neill _____

October 26, 2016

UNITED STATES CHIEF DISTRICT JUDGE

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