Soojian v. Lizarraga

Filing 70

ORDER DENYING Petitioner's 65 Request for Certificate of Appealability signed by District Judge Anthony W. Ishii on 10/7/19. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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TANNEN SOOJIAN,

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ORDER DENYING PETITIONER’S
REQUEST FOR CERTIFICATE OF
APPEALABILITY

Petitioner,

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Case No. 1:16-cv-00254-AWI-SAB-HC

v.
JOE A. LIZARRAGA,

(ECF No. 65)

Respondent.

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Petitioner is a state prisoner who proceeded pro se with a petition for writ of habeas

18 corpus pursuant to 28 U.S.C. § 2254. On March 19, 2019, the Court denied the petition and
19 declined to issue a certificate of appealability. (ECF No. 62). The following day judgment was
20 entered. (ECF No. 63).
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On April 19, 2019, the Court received the instant request for a certificate of appealability.

22 (ECF No. 65). In the March 19, 2019 order denying the petition, the Court found “that
23 reasonable jurists would not find the Court’s determination that Petitioner’s federal habeas
24 corpus petition should be denied debatable or wrong, or that the issues presented are deserving of
25 encouragement to proceed further. Petitioner has not made the required substantial showing of
26 the denial of a constitutional right.” (ECF No. 62 at 7–8). Petitioner has failed to demonstrate
27 that a certificate of appealability is warranted. Therefore, the Court will continue to deny issuing
28 a certificate of appealability.

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Accordingly, Petitioner’s motion for a certificate of appealability (ECF No. 65) is

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2 DENIED.1
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IT IS SO ORDERED.

5 Dated: October 7, 2019

SENIOR DISTRICT JUDGE

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The Court notes that the Federal Rules of Appellate Procedure provide that if the district judge has denied the

28 certificate of appealability, Petitioner may request a circuit judge to issue it. Fed. R. App. P. 22(b)(1).
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