Freeman v. Haviland

Filing 13

ORDER signed by Magistrate Judge Gregory G. Hollows on 5/18/11 DENYING 12 Motion for Certificate of Appealability. (Dillon, M)

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1 2 3 4 5 6 7 8 9 IN THE UNITED STATES DISTRICT COURT 10 FOR THE EASTERN DISTRICT OF CALIFORNIA 11 CLIFTON FREEMAN, 12 13 14 15 16 17 Petitioner, No. CIV S-10-2956 GGH (TEMP) P vs. J. HAVILAND, Respondent. ORDER / Petitioner is proceeding pro se with an application for writ of habeas corpus under 18 28 U.S.C. § 2254. On April 25, 2011, the court ordered that the petition be dismissed and the 19 case closed. The same day, the court entered judgment against the petitioner. Petitioner has filed 20 a notice of appeal and a motion for a certificate of appealability under 28 U.S.C. § 2253. 21 A court should issue a certificate of appealability pursuant to 28 U.S.C. § 2253 if 22 jurists of reason would find it debatable whether petitioner’s claim is a valid claim of the denial 23 of a constitutional right and whether this action should have been be dismissed. See Slack v. 24 McDaniel, 529 U.S. 473, 484-85 (2000). Here, petitioner’s claim that the Board of Parole 25 Hearings violated his right to due process is clearly barred by the decision in Swarthout v. Cooke, 26 ___ U.S. ___, 131 S. Ct. 859 (2011). Therefore, the court declines to issue a certificate of 1 1 appealability. 2 Accordingly, IT IS HEREBY ORDERED that the motion for a certificate of 3 appealability (Docket No. 12) is denied. 4 DATED: May 18, 2011 /s/ Gregory G. Hollows ____________________________________ GREGORY H. HOLLOWS UNITED STATES MAGISTRATE JUDGE 5 6 7 8 hm free2956.ord 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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