Valera v. California Supreme Court

Filing 23

ORDER DENYING CERTIFICATE OF APPEALABILITY AND INSTRUCTIONS TO THE CLERK. Signed by Judge Jeffrey S. White on 1/6/09. (jjo, COURT STAFF) (Filed on 1/6/2009)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

ROMMEL B. VALERA, Petitioner, vs.
A. P. KANE, Warden, Respondent.

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No. C 05-2568 JSW (PR)

ORDER DENYING CERTIFICATE OF APPEALABILITY AND INSTRUCTIONS TO THE CLERK (Docket No. 22)

Petitioner filed a pro se petition for a writ of habeas corpus challenging the constitutionality of his state conviction under 28 U.S.C. § 2254. Following briefing, this Court denied Petitioner's application for a writ of habeas corpus on the merits. Petitioner has filed a notice of appeal and a motion for a certificate of appealability ("COA") (docket no. 22). Upon the filing of a notice of appeal or a request for a COA, the district court shall indicate which specific issue or issues satisfy the standard for issuing a certificate, or state its reasons why a certificate should not be granted. See United States v. Asrar, 116 F.3d 1268, 1270 (9th Cir. 1997). (citing 28 U.S.C. § 2253(c)(3)). A judge shall grant a COA "only if the applicant has made a substantial showing of the denial of a constitutional right." 28 U.S.C. § 2253(c)(2). Petitioner has not shown 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). Accordingly, a certificate of

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appealability is DENIED. The Clerk of Court shall forward this order, along with the case file, to the United States Court of Appeals for the Ninth Circuit. Petitioner may also seek a certificate of appealability from that court. See Asrar, 116 F.3d at 1270.
IT IS SO ORDERED. DATED: January 6, 2009 JEFFREY S. WHITE United States District Judge

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Dated: January 6, 2009 v. VALERA, Plaintiff,

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

Case Number: CV05-02568 JSW CERTIFICATE OF SERVICE

CALIFORNIA SUPREME COURT et al, Defendant. /

I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. That on January 6, 2009, I SERVED a true and correct copy(ies) of the attached, by placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle located in the Clerk's office.

Rommel B. Valera T93689 Tallahatchie County Correctional Training Facility 415 U.S. Highway 49 North Tutwiler, MS 38963

Richard W. Wieking, Clerk By: Jennifer Ottolini, Deputy Clerk