Coats v. McDonald

Filing 10

ORDER signed by Magistrate Judge Carolyn K Delaney on 8/17/11 ORDERING 9 Motion for Certificate of Appealability is denied. (Matson, R)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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WILLIAM THOMAS COATS,

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Petitioner,

No. CIV-S-11-2028 CKD P

vs.
MICHAEL MCDONALD

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Respondent.

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ORDER
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Petitioner has requested a certificate of appealability under 28 U.S.C. § 2253(c)

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with respect to the court’s August 5, 2011 dismissal of this action. Pursuant to 28 U.S.C. §

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636(c), petitioner has consented to all proceedings in this matter being held before a United

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States Magistrate Judge.

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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). When a habeas petition is dismissed on procedural grounds, a certificate of

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appealability should issue when the prisoner shows that jurists of reason would find it debatable

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whether the petition states a valid claim of the denial of a constitutional right and that jurists of

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reason would find it debatable whether dismissal was correct. Slack v. McDaniel, 529 U.S. 473,

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484-85 (2000).
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Petitioner’s habeas petition was not dismissed. It was simply transferred to

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another case pursuant to the Ninth Circuit’s decision in Woods v. Carey, 525 F.3d 886, 890 (9th

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Cir. 2008). There is not good cause for appeal.

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Accordingly, IT IS HEREBY ORDERED that petitioner’s request for a certificate

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of appealability is denied.

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Dated: August 17, 2011

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_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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