Rhodes v. The Sacramento Police Department

Filing 41

ORDER signed by Magistrate Judge Gregory G. Hollows on 7/13/11 DENYING 38 Motion for Certificate of Appealability. (Michel, G)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ANDRE RHODES,
Petitioner,

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No. CIV S-10-1444 GGH P

vs.

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MIKE McDONALD, Warden,
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Respondent.
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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 24, 2011 dismissal of his application for a writ of habeas corpus for failure to

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exhaust state remedies. Before petitioner can appeal this decision, a certificate of appealability

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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 this court’s order of May 24, 2011, petitioner has not

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made a substantial showing of the denial of a constitutional right. Accordingly, a certificate of
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appealability should not issue in this action.
IT IS SO ORDERED.

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DATED: July 13, 2011
/s/ Gregory G. Hollows
UNITED STATES MAGISTRATE JUDGE

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GGH:0014

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rhod1444.830.den

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