Elliott v. Yates

Filing 38

ORDER signed by Senior Judge Terry J. Hatter, Jr. on 2/2/2015 GRANTING petitioner's 29 35 Motion(s) for Certificate of Appealability. [cc: USCA - 9th Circuit] (Marciel, M)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
DAVID A. ELLIOTT,
Petitioner

CV 09-02199 TJH

v.
JAMES A. YATES,
Respondent

ORDER RE: CERTIFICATE
OF APPEALABILITY

On January 3, 2013, 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 his request to admit the entire
conversation between Petitioner and the police regarding entry into the motel room was denied
by the trial court.

(2)

Whether Petitioner’s constitutional rights were violated by the trial court’s use of his 1988
prior plea bargain to enhance his sentence under California’s three strikes law.

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