Price v. Curry

Filing 33

ORDER to SHOW CAUSE signed by Senior Judge Alfred T. Goodwin on 02/02/09 ORDERING that the petitioner show cause within 14 days as to why he is entitled to a certificate of appealability. (Manzer, C)

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 27 28 vs. D.K. SISTO, Respondent. ________________________________/ Petitioner is a state prisoner proceeding pro se in a habeas corpus action pursuant to 28 U.S.C. § 2254. On January 7, 2009, this court dismissed his petition for habeas corpus. On January 26, 2009, petitioner filed a timely notice of appeal and requested a certificate of appealability from this court. Pursuant to 28 U.S.C. § 2253(c)(2), "[a] certificate of appealability may issue . . . only if the applicant has made a substantial showing of the denial of a constitutional right." Petitioner's notice of appeal did not attempt to make the required "substantial showing." To show that he is entitled to a certificate of appealability for claims rejected on the merits, petitioner "must demonstrate that reasonable jurists would find [this court's] assessment of the constitutional claims debatable or wrong." Slack v. McDaniel, 529 U.S. 473, 484 (2000). To show that he is entitled to a certificate of appealability for claims dismissed on procedural grounds, petitioner must show that reasonable jurists "would find it debatable whether the -1EARL PRICE, Petitioner, 2:06-cv-01865-ATG (HC) ORDER TO SHOW CAUSE (DOCUMENT # 33) IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

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petition states a valid claim of the denial of a constitutional right and . . . would find it debatable whether [this court] was correct in its procedural ruling." Id. Therefore, IT IS HEREBY ORDERED, that, within 14 days of the date of this order, petitioner shall show cause why he is entitled to a certificate of appealability.

Dated:

February 2, 2009

/s/ Alfred T. Goodwin _____________________ ALFRED T. GOODWIN. United States Circuit Judge Sitting by designation

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