Hernandez v. Woodford

Filing 40

Certificate of Appealability Denied re 38 Notice of Appeal; Signed by Judge Marilyn Hall Patel on 6/20/2011. (awb, COURT STAFF) (Filed on 6/20/2011)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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PEDRO HERNANDEZ,

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Petitioner,

United States District Court
For the Northern District of California

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v.

No. C 05-02093 MHP
ORDER DENYING CERTIFICATE
OF APPEALABILITY

JEANNE WOODFORD, Director of the
California Department of Corrections,
Respondent.
____________________________________/

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This matter has been forwarded to this court to determine whether a certificate of
appealability should issue. A certificate of appealability will not issue because petitioner has
not made "a substantial showing of the denial of a constitutional right." 28 U.S.C. §
2253(c)(2). The first basis for denial of the petition was that the claim rested on independent
and adequate state grounds. The second claim, ineffective assistance of counsel, was
premised on two theories neither of which is supported by evidence in the record or the
applicable law as explained in this court’s order filed May 19, 2011, Dkt. #34. This is not a
case in which "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).
Therefore, IT IS HEREBY ORDERED that a certificate of appealability is DENIED,

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DATED: June 20 2011
Marilyn Hall Patel
United States District Judge