Clark v. Runnels et al

Filing 57

ORDER signed by Judge Morrison C. England, Jr on 1/9/09 ORDERING that a certificate of appealability should not issue in this action. (Kastilahn, A)

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. DAVID RUNNEL, et al., Respondents. / Petitioner, a state prisoner proceeding through counsel, has timely filed a notice of appeal of this court's December 15, 2008, 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 KEVIN CLARK, Petitioner, ORDER No. 2:05-cv-02606-MCE-GGH P IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

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For the reasons set forth in the magistrate judge's October 8, 2008, 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: January 9, 2009 ________________________________ MORRISON C. ENGLAND, JR. UNITED STATES DISTRICT JUDGE

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