Nguyen v. Felker

Filing 40

ORDER signed by Senior Judge Terry J. Hatter, Jr on 2/2/15 GRANTING Certificate of Appealability. (Manzer, C)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
SUTTER NGUYEN,
Petitioner

CV 08-02150 TJH

v.
T. FELKER,
Respondent

ORDER RE: CERTIFICATE
OF APPEALABILITY

On June 24, 2013, 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.
U The Certificate of Appealability is Granted. The specific issue(s) satisfy 28 U.S.C. § 2253(c)(2)
G
as follows:
Whether Petitioner's constitutional rights were violated when his request to sever his trial from
his co-defendants was denied.

G The Certificate of Appealability is Denied for the following reason(s):
G There has been no substantial showing of the denial of a constitutional right.
G The appeal seeks to test the validity of a warrant to remove to another district or place for
commitment or trial.
G The appeal seeks to test the validity of the detention pending removal proceedings.
February 2, 2015
United States District Judge

ORDER RE: CERTIFICATE OF APPEALABILITY