Sciosciole v. Gower

Filing 75

ORDER signed by Magistrate Judge Carolyn K. Delaney on 08/01/18 DENYING 74 Motion for Certificate of Appealability. (Plummer, M)

Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 EDWARD FRANCIS SCIOSCIOLE, 12 No. 2:13-cv-2438 CKD P Petitioner, 13 v. 14 GOWER, 15 ORDER Respondent. 16 17 Petitioner has requested a certificate of appealability with respect to the court’s July 10, 18 2018 denial of his motion to re-open this 28 U.S.C. § 2254 action.1 Because petitioner has not 19 shown that jurists of reason would find it debatable whether the court abused its discretion in 20 denying petitioner’s motion, and jurists of reason would find it debatable whether the underlying 21 petition for a writ of habeas corpus states a valid claim of the denial of a constitutional right, see 22 U.S. v. Winkles, 795 F.3d 1134, 1143 (9th Cir. 2015), petitioner’s request (ECF No. 74) is 23 denied. 24 Dated: August 1, 2018 25 26 27 28 1/scio2438.coa 1 _____________________________________ 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).

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?