Graves v. Knowles, et al

Filing 37

CERTIFICATE OF APPEALABILITY re 33 is issued in this present action signed by Judge Lawrence K. Karlton on 3/10/06. (Duong, D)

Download PDF
(HC) Graves v. Knowles, et al Doc. 37 Case 2:04-cv-01279-LKK-GGH Document 37 Filed 03/13/2006 Page 1 of 2 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. MIKE KNOWLES, et al., Respondents. / Petitioner, a state prisoner proceeding pro se, has timely filed a notice of appeal of this court's January 12, 2006, 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 certificate of appealability must "indicate which specific issue or issues satisfy" the requirement. 28 U.S.C. 2253(c)(3). A certificate of appealability should be granted for any issue that petitioner can demonstrate is "`debatable among jurists of reason,'" could be resolved differently by a different court, or is "`adequate to deserve encouragement to proceed further.'" Jennings v. Woodford, 1 Dockets.Justia.com IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA FRED GRAVES, Petitioner, No. CIV S 04-1279 LKK GGH P ORDER Case 2:04-cv-01279-LKK-GGH Document 37 Filed 03/13/2006 Page 2 of 2 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 26 290 F.3d 1006, 1010 (9th Cir. 2002) (quoting Barefoot v. Estelle, 463 U.S. 880, 893 (1983)).1 Petitioner has made a substantial showing of the denial of a constitutional right in the following issues presented in the instant petition: 1) denial of witnesses; 2) biased hearing officer; 3) denial of non-confidential reports and evidence; 4) insufficient evidence; 5) Miranda violation; 6) denial of appeal; 7) illegal SHU term; 8) inadequate investigative officer; 9) evidence tampering. Accordingly, IT IS HEREBY ORDERED that a certificate of appealability is issued in the present action. DATED: March 10, 2006. /s/Lawrence K. Karlton UNITED STATES DISTRICT JUDGE Except for the requirement that appealable issues be specifically identified, the standard for issuance of a certificate of appealability is the same as the standard that applied to issuance of a certificate of probable cause. Jennings, at 1010. 2 1

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?