Alcala v. Board of Parole Hearings

Filing 33

ORDER signed by Judge John A. Mendez on 03/03/11 ORDERING THAT petitioner's 29 Motion for Certificate of Appealability is DENIED (cc: USCA). (Benson, A.)

(HC) Alcala v. Board of Parole Hearings

Doc. 33

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 vs. BOARD OF PAROLE HEARINGS, Respondent. / Petitioner, a state prisoner proceeding pro se, has filed a motion for a certificate of appealability. See ECF No. 29. On September 15, 2010, the United States Magistrate Judge assigned to this matter filed findings and recommendations herein, which was served on Petitioner, and which advised Petitioner that in any objections he elected to file, he may address whether a certificate of appealability should issue in the event he elected to file an appeal from the judgment in this case. See ECF No. 23. On October 29, 2010, Petitioner filed objections in which he requested a certificate of appealability based on the arguments presented in his amended petition. See ECF No. 26. On January 14, 2011, the undersigned issued an order adopting the findings and recommendations in full and declining to issue a certificate of appealability. See ECF No. 27. A certificate of appealability may issue under 28 U.S.C. § 2253 "only if the applicant has 1
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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA JOSEPH G. ALCALA, Petitioner, No. CIV S-08-2455-JAM-TJB

ORDER

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made a substantial showing of the denial of a constitutional right." 28 U.S.C. § 2253(c)(2). The court must either issue a certificate of appealability indicating which issues satisfy the required showing, or state the reasons why such a certificate should not issue. FED . R.APP . P. 22(b). Petitioner's request was previously addressed, and a certificate of apppealability was not issued. See ECF No. 27. Petitioner has presented no basis for reconsidering this decision. A certificate of appealability shall not issue. IT IS HEREBY ORDERED that Petitioner's February 15, 2011, motion for a certificate of appealability, ECF No. 29, is DENIED. DATED: March 3, 2011

/s/ John A. Mendez UNITED STATES DISTRICT JUDGE

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