Pina v. McGrath

Filing 41

ORDER DENYING CERTIFICATE OF APPEALABILITY (SI, COURT STAFF) (Filed on 5/4/2011)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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PABLO PINA,

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Petitioner,

ORDER DENYING CERTIFICATE
OF APPEALABILITY

v.

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United States District Court
For the Northern District of California

No. C 04-2251 SI (pr)

JOE McGRATH, warden,

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Respondent.

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/

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In 2004, Pablo Pina filed a petition for writ of habeas corpus to challenge a 1986

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conviction for murder and burglary. This court dismissed the petition on August 9, 2005 as

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untimely filed. This court denied a certificate of appealability in 2005, as did the Ninth Circuit.

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See Docket # 20, # 24. More than five years later, Pina moved for reconsideration of the order

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dismissing his petition for writ of habeas corpus.

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reconsideration, and Pina has filed an appeal from that ruling. The court of appeal has requested

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this court to decide whether to issue a certificate of appealability for the current appeal.

This court denied the motion for

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A certificate of appealability will not issue. See 28 U.S.C. § 2253(c). This is not a case

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in which "jurists of reason would find it debatable whether the petition states a valid claim of

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

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district court was correct in its procedural [rulings]" in 2005 or in 2011. Slack v. McDaniel, 529

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U.S. 473, 484 (2000). The denial of the certificate of appealability is without prejudice to Pina

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seeking a certificate from the court of appeal.

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IT IS SO ORDERED.
DATED: May 4, 2011
SUSAN ILLSTON
United States District Judge

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