Woolever v. Adams
ORDER signed by Magistrate Judge Charlene H. Sorrentino on 9/19/2011 ORDERING a Certificate of Appealability shall NOT issue in this case. re 41 Notice of Appeal filed by Robert Alvin Woolever, Jr.. (Reader, L)
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
ROBERT ALVIN WOOLEVER, JR.,
No. CIV S-09-126 CHS
Petitioner Woolever, a state prisoner proceeding pro se, filed an amended petition
for writ of habeas corpus and the parties consented to jurisdiction by United States Magistrate
Judge. The petition was denied and Woolever has filed a notice of appeal.
Pursuant to Rule 11 of the Federal Rules Governing, this court must grant or deny
a certificate of appealability. A certificate of appealability may issue under 28 U.S.C. § 2253 “if
the applicant has made a substantial showing of the denial of a constitutional right.” 28 U.S.C.
§ 2253(c)(2). For the reasons set forth in the order filed on August 3, 2011, Woolever failed to
make such a showing. Accordingly, IT IS HEREBY ORDERED THAT a certificate of
appealability shall not issue in this case.
DATED: September 19, 2011
CHARLENE H. SORRENTINO
UNITED STATES MAGISTRATE JUDGE
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