Starr v. State of California, et al

Filing 21

ORDER signed by Judge Kimberly J. Mueller on 9/12/13. A COA should not issue in this action. (Manzer, C)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ROBIN STARR,

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Petitioner,

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No. 2:13-cv-0006 KJM AC P

v.

ORDER

STATE OF CALIFORNIA,

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Respondent.

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Petitioner, a state prisoner proceeding pro se, has timely filed a notice of appeal of this

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court's May 31, 2013 denial of his application for a writ of habeas corpus. Before petitioner can

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appeal this decision, a certificate of appealability must issue. 28 U.S.C. § 2253(c); Fed. R. App.

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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 findings and recommendations filed on

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February 27, 2013, and adopted by this court on May 31, 2013, petitioner has not made a

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substantial showing of the denial of a constitutional right. Accordingly, a certificate of

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appealability should not issue in this action.

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IT IS SO ORDERED.
DATED: September 12, 2013.

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UNITED STATES DISTRICT JUDGE

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