Jackson v. California Board of Parole Hearings

Filing 30

USCA JUDGMENT as to 24 Request/Motion for Certificate of Appealibility DENYING said Request for Certificate of Appealability; DENYING any pending motions as moot. (cc: Ninth Circuit) (Michel, G.)

Download PDF
FILED UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT JOHNNY CLIFFORD JACKSON, Petitioner-Appellant, v. No. NOV 07 2016 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS 16-15559 D.C. No. 2:15-cv-00609-KJM-KJN Eastern District of California, Sacramento CALIFORNIA BOARD OF PAROLE HEARINGS, ORDER Respondent-Appellee. Before: CANBY and SILVERMAN, Circuit Judges. The request for a certificate of appealability is denied because appellant has not shown that “jurists of reason would find it debatable whether the petition states a valid claim of the denial of a constitutional right and that jurists of reason would find it debatable whether the district court was correct in its procedural ruling.” Slack v. McDaniel, 529 U.S. 473, 484 (2000); see also 28 U.S.C. § 2253(c)(2); Gonzalez v. Thaler, 132 S. Ct. 641, 648 (2012). In order for a district court to consider a second or successive 28 U.S.C. § 2254 petition, this court must first authorize the district court to consider that petition. See 28 U.S.C. § 2244(b)(3). The Clerk shall serve this order and a copy of the standard form application for leave to file a second or successive petition on appellant. Any pending motions are denied as moot. DENIED. 2 16-15559

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?