Bryant v. Haviland et al

Filing 22

ORDER signed by Judge Garland E. Burrell, Jr on 06/29/11 ORDERING that Petitioners request for a certificate of appealability be DENIED. (Michel, G)

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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 11 RODNEY ALTON BRYANT, Petitioner, 12 13 14 15 16 No. CIV S-09-CV-3462 GEB CHS P vs. JOHN W. HAVILAND, et al., Respondent. ORDER / 17 Petitioner, Rodney Alton Bryant, is a state prisoner proceeding pro se with a petition 18 for writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner is currently serving an 19 indeterminate sentence of fifteen years to life following his 1990 guilty plea to second degree 20 murder in Sacramento County Superior Court. With his petition, Petitioner does not challenge the 21 constitutionality of that conviction, but rather, the execution of his sentence and, specifically, the 22 April 9, 2009 decision by the Board of Parole Hearings finding him unsuitable for parole. 23 On May 10, 2011, judgment in this case became final after the United States District 24 Court Judge adopted in full the findings and recommendations filed by the United States Magistrate 25 Judge. Petitioner now wishes to appeal the judgment of the court, and requests a certificate of 26 appealability. See 28 U.S.C. § 2253(c); Fed. R. App. P. 22(b). A certificate of appealability may 1 1 issue under 28 U.S.C. § 2253 “if the applicant has made a substantial showing of the denial of a 2 constitutional right.” 28 U.S.C. § 2253(c)(2). The certificate of appealability must “indicate which 3 specific issue or issues satisfy” the requirement. 28 U.S.C. 2253(c)(3). A certificate of appealability 4 should be granted for any issue that Petitioner can demonstrate is “‘debatable among jurists of 5 reason,’” could be resolved differently by a different court, or is “‘adequate to deserve 6 encouragement to proceed further.’” Jennings v. Woodford, 2990 F.3d 1006, 1010 (9th Cir. 2002) 7 (quoting Barefood v. Estelle, 463 U.S. 880, 893 (1983)).1 In this case, Petitioner has failed to make 8 a substantial showing with respect to any of the claims presented. 9 Accordingly, IT IS HEREBY ORDERED that: 1. 10 11 Petitioner’s request for a certificate of appealability is DENIED. Dated: June 29, 2011 12 13 GARLAND E. BURRELL, JR. United States District Judge 14 15 16 17 18 19 20 21 22 23 24 25 26 1 Except for the requirement that appealable issues be specifically identified, the standard for a certificate of appealability is the same as the standard applied to issuance of a certificate of probable cause. Jennings, 290 F.3d at 1010. 2

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