Norman v. Dovey et al

Filing 50

ORDER signed by Judge Morrison C. England, Jr. on 10/24/11 ORDERING that the 49 Motion for Certificate of Appealability is GRANTED; a CERTIFICATE OF APPEALABILITY shall issue re 48 Notice of Appeal (cc: USCA). (Benson, A.)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CHARLES GLENN NORMAN, JR.,

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Petitioner,

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No. 2:06-cv-02235-MCE DAD P

vs.

ORDER

JOHN DOVEY, et al.,

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Respondents.

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Petitioner, a state prisoner proceeding pro se, filed a petition for a writ of habeas

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corpus pursuant to 28 U.S.C. § 2254. On April 8, 2010, the magistrate judge issued findings and

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recommendations, recommending that respondent’s motion to dismiss the petition as time-barred

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be granted. On May 18, 2011, this Court adopted the findings and recommendations in full,

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granted respondent’s motion to dismiss, and dismissed this action with prejudice. On the same

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day, the Court entered judgment and closed the case. Pending before the Court is petitioner’s

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motion for a certificate of appealability.

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In the Court’s final order, the undersigned inadvertently failed to address the issue

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of a certificate of appealability. A certificate of appealability should be granted for any issue that

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petitioner can demonstrate is “‘debatable among jurists of reason,’” could be resolved differently

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by a different court, or is “‘adequate to deserve encouragement to proceed further.’” Jennings v.

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Woodford, 290 F.3d 1006, 1010 (9th Cir. 2002) (quoting Barefoot v. Estelle, 463 U.S. 880, 893

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(1983)). Here, petitioner has made a substantial showing of the denial of a constitutional right in

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the following issue(s) presented in the instant petition: whether petitioner’s habeas petition is

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time-barred by the AEDPA statute of limitations.

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Accordingly, IT IS HEREBY ORDERED that:
1. Petitioner’s motion for a certificate of appealability (ECF No. 49) is
GRANTED; and
2. A certificate of appealability is issued in the present action.
Dated: October 24, 2011

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________________________________
MORRISON C. ENGLAND, JR.
UNITED STATES DISTRICT JUDGE

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