Shukry v. Miller

Filing 30

ORDER denying 26 Motion for Certificate of Appealability signed by Judge William B. Shubb on 9/21/12. (Kaminski, H)

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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 CHRISTINA B. SHUKRY 11 Petitioner, 12 13 No. 2: 10-cv-2724 WBS DAD P vs. WALTER MILLER, 14 Respondent. 15 ORDER / 16 Petitioner is a state prisoner and is proceeding with a petition for writ of habeas 17 corpus filed pursuant to 28 U.S.C. § 2254. On July 28, 2011, the petition was dismissed as time- 18 barred under the one-year statute of limitations in 28 U.S.C. § 2244(d). In the order dismissing 19 this action the court also declined to issue a certificate of appealability. (See Dkt. No. 21 at p. 2.) 20 Thereafter, petitioner filed a notice of appeal (See Dkt. No. 23.) along with a motion for a 21 certificate of appealability. (See Dkt. No. 26.) Petitioner’s request for a certificate of 22 appealability has since been denied by the United States Court of Appeals for the Ninth Circuit. 23 (See Dkt. No. 29.) 24 ///// 25 ///// 26 ///// 1 1 Accordingly, for the reasons discussed in the June 14, 2011 findings and 2 recommendations as well as the denial of a certificate of appealability in this court’s July 28, 3 2011 order and the recent denial of petitioner’s request for a certificate of appealability by the 4 Ninth Circuit, IT IS HEREBY ORDERED that the motion for a certificate of appealability (Dkt. 5 No. 26) is DENIED. 6 DATED: September 21, 2012 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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