Woolever v. Adams

Filing 42

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)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ROBERT ALVIN WOOLEVER, JR.,

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Petitioner,
vs.
RAUL LOPEZ,
Respondent.

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ORDER
/

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No. CIV S-09-126 CHS

I. INTRODUCTION
Petitioner Woolever, a state prisoner proceeding pro se, filed an amended petition

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for writ of habeas corpus and the parties consented to jurisdiction by United States Magistrate

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Judge. The petition was denied and Woolever has filed a notice of appeal.

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Pursuant to Rule 11 of the Federal Rules Governing, this court must grant or deny

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a certificate of appealability. A certificate of appealability may issue under 28 U.S.C. § 2253 “if

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the applicant has made a substantial showing of the denial of a constitutional right.” 28 U.S.C.

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§ 2253(c)(2). For the reasons set forth in the order filed on August 3, 2011, Woolever failed to

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make such a showing. Accordingly, IT IS HEREBY ORDERED THAT a certificate of

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appealability shall not issue in this case.

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DATED: September 19, 2011
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CHARLENE H. SORRENTINO
UNITED STATES MAGISTRATE JUDGE