Sandhu v. Chappell

Filing 8

ORDER signed by Magistrate Judge Kendall J. Newman on 04/23/15 ordering a certificate of appealability does not issue. The clerk of the court is directed to process petitioner's appeal. (Plummer, M)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

HARWINDER SINGH SANDHU,

12

Petitioner,

13
14

No. 2:14-cv-2459 KJN P

v.

ORDER

KEVIN CHAPPELL, et al.,

15

Respondents.

16
Petitioner is a state prisoner, proceeding without counsel, with a petition for writ of habeas

17
18

corpus pursuant to 28 U.S.C. § 2254. Petitioner consented to the jurisdiction of the undersigned.

19

(ECF No. 4.)

20

On January 12, 2015, the undersigned dismissed this action. (ECF No. 5.) In particular,

21

the undersigned found that petitioner’s claim alleging that his plea agreement was violated by a

22

miscalculation of his minimum eligible parole date was without merit. (Id.)
On January 26, 2015, petitioner filed a notice of appeal and a request for a certificate of

23
24

appealabilty. (ECF No. 7.) A certificate of appealability may issue under 28 U.S.C. § 2253 “only

25

if the applicant has made a substantial showing of the denial of a constitutional right.” 28 U.S.C.

26

§ 2253(c)(3). For the reasons stated in the January 12, 2015 order, the undersigned declines to

27

issue a certificate of appealability.

28

////
1

1

Accordingly, IT IS HEREBY ORDERED that:

2

1. A certificate of appealability is not issued; and

3

2. The Clerk of the Court is directed to process petitioner’s appeal.

4

Dated: April 23, 2015

5
6
7
8
9
San2459.cer

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2