Church v. Yates

Filing 17

ORDER signed by Circuit Judge Milan D. Smith, Jr. on 9/1/2009 DENYING 15 Petitioner's Motion for Certificate of Appealability. (Reader, L)

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IN THE UNITED STATES DISTRICT COURT FO R THE EASTERN DISTRICT OF CALIFORNIA

N OAH CHURCH, P etitioner, N o. 2:08:cv-02011-MDS

v s.

ORDER

JAM ES A. YATES, Warden, R espondent /

P etitioner Noah Church has timely filed a notice of appeal from this court's July 15, 2009 order denying his petition for habeas corpus. A certificate of appealability is required for the appeal to proceed. 28 U.S.C. § 2253(c); Fed. R. App. P. 22(b). This court may issue a certificate of appealability "only if the applicant has made a substantial showing of the denial of a constitutional right." 28 U.S.C. §2253(c)(2). To meet this standard, an issue must be "debatable among jurists of reason, " capable of being resolved differently or "adequate to deserve encouragement to proceed further." Jennings v. Woodford, 290 F.3d 1006, 1010

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(9th Cir. 2002). For the reasons stated in the July 15, 2009 order, none of the issues raised by P etitioner qualifies for a certificate of appealability. A certificate of appealability is therefore DENIED.

DATED: September 1, 2009

/s/ Milan D. Smith, Jr. UNITED STATES CIRCUIT JUDGE Sitting by Designation

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