Thornton v. Butler

Filing 90

ORDER signed by Judge Morrison C. England, Jr on 12/23/09 ORDERING a certificate of appealability SHOULD NOT ISSUE in this action.(Carlos, K)

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 vs. DIANE BUTLER, Respondent. / Petitioner, a state prisoner proceeding pro se, has timely filed a notice of appeal of this court's November 9, 2009 denial of his application for a writ of habeas corpus. Before petitioner can appeal this decision, a certificate of appealability must issue. 28 U.S.C. § 2253(c); Fed. R. App. P. 22(b). A certificate of appealability may issue under 28 U.S.C. § 2253 "only if the applicant has made a substantial showing of the denial of a constitutional right." 28 U.S.C. § 2253(c)(2). The court must either issue a certificate of appealability indicating which issues satisfy the required showing or must state the reasons why such a certificate should not issue. Fed. R. App. P. 22(b). ///// ///// 1 ORDER IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA WADE FELIX THORNTON, Petitioner, No. CIV S-03-0755 MCE DAD P

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For the reasons set forth in the magistrate judge's July 28, 2009 findings and recommendations, petitioner has not made a substantial showing of the denial of a constitutional right. Accordingly, a certificate of appealability should not issue in this action. IT IS SO ORDERED. Dated: December 23, 2009 ________________________________ MORRISON C. ENGLAND, JR. UNITED STATES DISTRICT JUDGE

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