Jackson v. Kirkland

Filing 57

ORDER DENYING CERTIFICATE OF APPEALABILITY re 56 Notice of Appeal; Signed by Judge Marilyn Hall Patel on 10/6/2008. (Attachments: # 1 CertServ)(awb, COURT-STAFF) (Filed on 10/7/2008)

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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 JULIUS LEE JACKSON, Petitioner, v. RICHARD KIRKLAND, warden, Respondent. / No. C 05-4889 MHP (pr) ORDER DENYING CERTIFICATE OF APPEALABILITY Petitioner filed a notice of appeal which the court construes as also requesting a request for a certificate of appealability. See 28 U.S.C. 2253(c); Fed. R. App. P. 22(b). The 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). 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). 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: October 6, 2008 Marilyn Hall Patel United States District Judge

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