Williams v. Martel

Filing 54

ORDER signed by Senior Judge Terry J. Hatter, Jr. on 2/2/2015 GRANTING petitioner's 48 Motion for Certificate of Appealability. [cc: USCA - 9th Circuit] (Marciel, M)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
ABE WILLIAMS, JR.,
Petitioner

CV 08-02315 TJH

v.
WILLIAM KNIPP,
Respondent

ORDER RE: CERTIFICATE
OF APPEALABILITY

On October 30, 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 when this Court denied Petitioner’s
current credit denial claim without granting an evidentiary hearing.

(2)

Whether Petitioner’s constitutional rights were violated when this Court applied the
Antiterrorism and Effective Death Penalty Act of 1996 to Petitioner’s claims.

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