Carpenter v. Brown, et al

Filing 193

ORDER DENYING 186 MOTION FOR A CERTIFICATE OF APPEALABILITY. Signed by Judge Maxine M. Chesney on September 16, 2008. (mmcsec, COURT STAFF) (Filed on 9/16/2008)

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DAVID J. CARPENTER, Petitioner, v. ROBERT L. AYERS, Jr., Warden of California State Prison at San Quentin, Respondent. NOS. C 98-2444 MMC C-00-3706 MMC ORDER DENYING MOTION FOR A CERTIFICATE OF APPEALABILITY DEATH PENALTY CASES IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

United States District Court

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For the Northern District of California

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Petitioner has filed a notice of appeal to the Ninth Circuit. Petitioner intends to appeal certain language in a Protective Order entered by this Court on August 21, 2008. In conjunction with his appeal, petitioner has filed a motion for a certificate of appealability. By order filed September 12, 2008, this Court concluded that petitioner was not entitled to appeal the Protective Order. As a result, this Court declines to issue a certificate of appealability and, accordingly, petitioner's motion is hereby DENIED. IT IS SO ORDERED.

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MAXINE M. CHESNEY UNITED STATES DISTRICT JUDGE