Witkin v. Yates

Filing 105

ORDER signed by Judge Garland E. Burrell, Jr. on 3/31/2015 ORDERING that the 94 Motion to Alter or Amend Judgment is DENIED. The court DECLINES to issue a certificate of appealability. The Clerk of Court is directed to send a copy of this order to the United States Court of Appeals for the Ninth Circuit. (cc: USCA) (Zignago, K.)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MICHAEL AARON WITKIN,

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No. 2:10-cv-0091 GEB DAD P

Petitioner,

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v.

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YATES,

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ORDER

Respondent.

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Petitioner is a state prisoner proceeding pro se with an application for writ of habeas

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corpus under 28 U.S.C. § 2254. He has filed a motion to alter or amend the court’s order denying

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his motion for reconsideration. (See Doc. No. 94.) The court has reviewed the motion and finds

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it is without merit. Therefore it will be denied.

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The court finds further that no certificate of appealability should issue (1) because

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petitioner has not made a substantial showing of the denial of a constitutional right (see 28 U.S.C.

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§ 2253(c)(2)); (2) because he has not shown this court’s previous denial of a certificate of

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appealability was in error or contrary to law (see Doc No. 72); and (3) in light of the Ninth

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Circuit’s previous denial of a certificate of appealability (see Doc. No. 88).

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Accordingly, IT IS HEREBY ORDERED that:

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1. The motion to alter or amend judgment (Doc. No. 94) is denied.

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2. The court declines to issue a certificate of appealability. 28 U.S.C. § 2253.

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3. The Clerk of Court is directed to send a copy of this order to the United States Court

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of Appeals for the Ninth Circuit.

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Dated: March 31, 2015

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