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)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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EDWARD FRANCIS SCIOSCIOLE,

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No. 2:13-cv-2438 CKD P

Petitioner,

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v.

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GOWER,

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ORDER

Respondent.

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Petitioner has requested a certificate of appealability with respect to the court’s July 10,

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2018 denial of his motion to re-open this 28 U.S.C. § 2254 action.1 Because petitioner has not

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shown that jurists of reason would find it debatable whether the court abused its discretion in

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denying petitioner’s motion, and jurists of reason would find it debatable whether the underlying

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petition for a writ of habeas corpus states a valid claim of the denial of a constitutional right, see

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U.S. v. Winkles, 795 F.3d 1134, 1143 (9th Cir. 2015), petitioner’s request (ECF No. 74) is

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denied.

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Dated: August 1, 2018

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1/scio2438.coa
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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).