Cobb v. Kernan, et al

Filing 31

ORDER signed by Senior Judge James K Singleton on 02/07/08 ISSUING a Certificate of Appealabilty as to all claims in the petition re 29 Notice of Appeal. (Benson, A)

(HC) Cobb v. Kernan, et al

Doc. 31

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

PABLO ANDRES COBB, Petitioner, vs. SCOTT KERNAN, Warden, et al., Respondents.

Case No. 2:04-cv-1299 JKS EFB

ORDER

Petitioner, a state prisoner now represented by counsel, has timely filed a Notice of Appeal from the judgment entered herein on January 9, 2008. Docket No. 27. Before Petitioner can appeal the judgment, a Certificate of Appealability ("COA") must issue. 28 U.S.C. § 2253(c); Fed. R. App. P. 22(b). "To obtain a COA under § 2253(c), a habeas prisoner must make a substantial showing of the denial of a constitutional right, a demonstration that . . . includes showing that reasonable jurists could debate whether (or, for that matter, agree that) the petition should have been resolved in a different manner or that the issues presented were adequate to deserve encouragement to proceed further. Slack v. McDaniel, 529 U.S. 473, 482 (2000) (internal quotation marks and citations omitted). Although the Court denied Petitioner's application for a writ of habeas corpus, the Court believes that reasonable jurists could debate whether the petition should have been resolved in a different manner. As the issues raised are significantly intertwined, the Court declines to single out any specific issue for different treatment. Accordingly, a COA shall issue as to all claims in the petition. IT IS SO ORDERED. Dated this the 7th day of February 2008.

/s/ James K. Singleton, Jr. JAMES K. SINGLETON, JR. United States District Judge 1

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