Sciosciole v. Gower
ORDER signed by Magistrate Judge Carolyn K. Delaney on 08/01/18 DENYING 74 Motion for Certificate of Appealability. (Plummer, M)
UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
EDWARD FRANCIS SCIOSCIOLE,
No. 2:13-cv-2438 CKD P
Petitioner has requested a certificate of appealability with respect to the court’s July 10,
2018 denial of his motion to re-open this 28 U.S.C. § 2254 action.1 Because petitioner has not
shown that jurists of reason would find it debatable whether the court abused its discretion in
denying petitioner’s motion, and jurists of reason would find it debatable whether the underlying
petition for a writ of habeas corpus states a valid claim of the denial of a constitutional right, see
U.S. v. Winkles, 795 F.3d 1134, 1143 (9th Cir. 2015), petitioner’s request (ECF No. 74) is
Dated: August 1, 2018
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE
Both parties have consented to having all matters in this action before a United State Magistrate
Judge. See 28. U.S.C. § 636(c).
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