Nguyen v. Adams

Filing 42

ORDER by Judge Mariliyn Hall Patel granting 38 Motion for Extension of Time to File appeal; denying 40 Motion for Certificate of Appealability; denying 41 Motion to Appoint Counsel (Attachments: # 1 CertServ) (awb, COURT-STAFF) (Filed on 1/21/2009)

1 2 3 4 5 6 7 8 9 10 United United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

VU TRONG NGUYEN, Petitioner, v. DERRAL ADAMS, warden, Respondent. /

No. C 04-4104 MHP (pr) ORDER

Petitioner's motion for an extension of time to file a notice of appeal is GRANTED. (Docket # 38.) The original deadline to appeal is extended by thirty days. The notice of appeal filed on December 9, 2008 therefore is timely. Petitioner's application for a certificate of appealability is DENIED because petitioner has not made "a substantial showing of the denial of a constitutional right." 28 U.S.C. § 2253(c)(2). (Docket # 40.) Petitioner has not demonstrated that "reasonable jurists would find the district court's assessment of the constitutional claims debatable or wrong." Slack v. McDaniel, 529 U.S. 473, 484 (2000). Petitioner's motion for appointment of counsel to assist him in the preparation of an application for certificate of appealability is DENIED. (Docket # 41.) The clerk shall forward to the court of appeals the case file with this order. See United States v. Asrar, 116 F.3d 1268, 1270 (9th Cir. 1997). IT IS SO ORDERED. DATED: January 20, 2009 Marilyn Hall Patel United States District Judge