Eghtesadi v Clark, et al

Filing 35

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
ABBAS EGHTESADI,
Petitioner

CV 08-02221 TJH

v.
MATTHEW CATE, et al.,
Respondents

ORDER RE: CERTIFICATE
OF APPEALABILITY

On November 13, 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.
U The Certificate of Appealability is Granted. The specific issue(s) satisfy 28 U.S.C. § 2253(c)(2)
G
as follows:
(1)

Whether Petitioner's constitutional rights were violated in the trial court when a juror failed to
reveal his relative was a district attorney.

(2)

Whether Petitioner's constitutional rights were violated when that juror shared extra-judicial
information received from his relative, the district attorney, with the entire jury.

(3)

Whether Petitioner's constitutional rights were violated by the prosecution's use of perjured
testimony in its case-in-chief.

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