Dunigan v. Hickman et al

Filing 150

ORDER signed by Chief Judge Morrison C. England, Jr on 3/24/15 DECLINING to issue COA. (cc: 9th Circuit) (Manzer, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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KEVIN DUNIGAN,

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No. 2:11-cv-00961-MCE-EFB P

Petitioner,
v.

ORDER

ROBERT HICKMAN,
Respondent.

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Petitioner is a state prisoner proceeding without counsel seeking a writ of habeas

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corpus pursuant to 28 U.S.C. § 2254. On August 5, 2013, the Court dismissed this

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action without prejudice and judgment was duly entered. ECF No. 102, 103. Petitioner

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then moved to vacate the judgment. ECF No. 143. On February 13, 2015, the Court

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denied petitioner’s motion to vacate judgment, ECF No. 144, but did not issue or deny a

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certificate of appealability at the time the final order was entered. See Rule 11(a), Rules

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Governing § 2254 Cases.

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A court shall issue a certificate of appealability where the petitioner has shown

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“that reasonable jurists could debate whether . . . the petition should have been resolved

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in a different manner or that the issues presented were adequate to deserve

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encouragement to proceed further.” Miller-El v. Cockrell, 537 U.S. 322, 336 (2003)

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(internal quotation marks omitted). Reasonable jurists could not debate that petitioner’s
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motion to vacate the judgment lacked merit.
Accordingly, the Court declines to issue a certificate of appealability. The Clerk of

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the Court is directed to forward a copy of this order to the Ninth Circuit Court of Appeals

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for filing on the docket of Case No. 14-15743.

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IT IS SO ORDERED.
Dated: March 24, 2015

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