Borden v. Swarthout

Filing 55

ORDER signed by Senior Judge Morrison C. England, Jr on 5/29/2020 DECLINING to issue Certificate of Appealability. (cc: USCA) (Zignago, K.)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DANIEL F. BORDEN,

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No. 2:14-CV-01400-MCE-DMC

Plaintiff,
v.

ORDER

GARY SWARTHOUT,
Defendant.

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This case is on remand from the Ninth Circuit for the limited purpose of

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determining whether a certificate of appealability should issue. ECF No. 53. The Court

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hereby DECLINES to issue a certificate of appealability because Petitioner has not

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shown that “jurists of reason would find it debatable whether the petition states a valid

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claim of the denial of a constitutional right and that jurists of reason would find it

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debatable whether the [this Court] was correct in its procedural ruling.” Slack v.

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McDaniel, 529 U.S. 473, 484 (2000); see also 28 U.S.C. § 2253(c)(2).

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IT IS SO ORDERED.
Dated: May 29, 2020

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