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)

(HC) Graves v. Knowles, et al

Doc. 37

Case 2:04-cv-01279-LKK-GGH

Document 37

Filed 03/13/2006

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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

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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

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