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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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ROBERT ALVIN WOOLEVER, JR., 11 12 13 14 Petitioner, vs. RAUL LOPEZ, Respondent. 15 ORDER / 16 17 No. CIV S-09-126 CHS I. INTRODUCTION Petitioner Woolever, a state prisoner proceeding pro se, filed an amended petition 18 for writ of habeas corpus and the parties consented to jurisdiction by United States Magistrate 19 Judge. The petition was denied and Woolever has filed a notice of appeal. 20 Pursuant to Rule 11 of the Federal Rules Governing, this court must grant or deny 21 a certificate of appealability. A certificate of appealability may issue under 28 U.S.C. § 2253 “if 22 the applicant has made a substantial showing of the denial of a constitutional right.” 28 U.S.C. 23 § 2253(c)(2). For the reasons set forth in the order filed on August 3, 2011, Woolever failed to 24 make such a showing. Accordingly, IT IS HEREBY ORDERED THAT a certificate of 25 appealability shall not issue in this case. 26 DATED: September 19, 2011 1 CHARLENE H. SORRENTINO UNITED STATES MAGISTRATE JUDGE

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