Cashman v. Warcholl et al

Filing 29

ORDER signed by Judge Kimberly J. Mueller on 7/11/2012 ORDERING that a certificate of appealability should not issue in this action. (cc: USCA) (Zignago, K.)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DANIEL P. CASHMAN,

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Petitioner,

No. CIV S-09-2683 KJM-EFB P

vs.

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GARY HUDGEONS; et al.,

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Respondents.

ORDER
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Petitioner, a state prisoner proceeding pro se, has timely filed a notice of appeal of

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this court's May 10, 2012 denial of his request for reconsideration and January 19, 2012 denial of

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his petition for habeas corpus. Before petitioner can appeal this decision, a certificate of

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appealability must issue. 28 U.S.C. § 2253(c); FED. R. APP. P. 22(b).

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

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

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§ 2253(c)(2). The court must either issue a certificate of appealability indicating which issues

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satisfy the required showing or must state the reasons why such a certificate should not issue.

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FED. R. APP. P. 22(b).

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For the reasons set forth in the court’s January 19, 2012 order adopting the

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magistrate judge’s findings and recommendations and May 10, 2012 order denying petitioner’s

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request for reconsideration, petitioner has not made a substantial showing of the denial of a

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constitutional right. Accordingly, a certificate of appealability should not issue in this action.

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IT IS SO ORDERED.
DATED: July 11, 2012.

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UNITED STATES DISTRICT JUDGE

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