Gore v. McDanials et al

Filing 55

ORDER signed by Senior Judge Terry J. Hatter, Jr., on 3/27/13 ORDERING that the certificate of appealability is DENIED; there has been no substantial showing of the denial of a constitutional right. (Kastilahn, A)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
JOSEPH K. GORE,
Petitioner

2:08-CV-00448 TJH

v.
E.K. McDANIALS, et al.,
Respondents

ORDER RE: CERTIFICATE
OF APPEALABILITY

On August 3, 2012, Petitioner filed a Notice of Appeal and a request for a Certificate of Appealability
pursuant to 28 U.S.C. § 2253. The Court has reviewed the matter.
IT IS HEREBY ORDERED.
□ The Certificate of Appealability is GRANTED. The specific issues satisfy § as follows:

✔ The Certificate of Appealability is DENIED for the following reason(s):
□
✔ There has been no substantial showing of the denial of a constitutional right.
□
□ The appeal seeks to test the validity of a warrant to remove to another district or place for
commitment or trial.
□ The appeal seeks to test the validity of the detention pending removal proceedings.

March 27, 2013
Date

______________________________________
United States District Judge

ORDER RE: CERTIFICATE OF APPEALABILITY