Vasquez v. Schwarzenegger et al

Filing 21

ORDER signed by Judge Morrison C. England, Jr. on 07/19/11 ORDERING that the 20 Motion for Certificate of Appealability is DECLINED; COA shall NOT issue. (Benson, A.)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JOE VASQUEZ,

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No. 2:10-cv-03254-MCE-GGH-P

Plaintiff,

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vs.

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ARNOLD SCHWARZENEGGER et al.,

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Defendants.

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ORDER

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Petitioner, a state prisoner proceeding pro se, seeks to appeal this court's May 31, 2011

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dismissal of his application for a writ of habeas corpus for failure to state a constitutional claim

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at the screening stage and/or to timely amend his deficient petition. Before petitioner can appeal

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this decision, a certificate of appealability 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 applicant has

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made a substantial showing of the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2). The

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court must either issue a certificate of appealability indicating which issues satisfy the required

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showing or must state the reasons why such a certificate should not issue. Fed. R. App. P. 22(b).

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For the reasons set forth in the magistrate judge’s January 3, 2011 order, petitioner has

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not made a substantial showing of the denial of a constitutional right. Accordingly, a certificate

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of appealability should not issue in this action.

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IT IS SO ORDERED.
Dated: July 19, 2011

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________________________________
MORRISON C. ENGLAND, JR.
UNITED STATES DISTRICT JUDGE

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