Carpenter v. Brown, et al

Filing 126

ORDER DENYING 119 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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1 2 3 4 5 6 7 8 9 10 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 11 For the Northern District of California 12 13 14 15 16 17 18 19 20 21 22 23 24 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. 25 DATED: September 16, 2008 26 27 28 MAXINE M. CHESNEY UNITED STATES DISTRICT JUDGE

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