Smith v. Plummer

Filing 51

CERTIFICATE OF APPEALABILITY. Signed by Judge Maxine M. Chesney on June 15, 2010. (mmclc1, COURT STAFF) (Filed on 6/15/2010)

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1 2 3 4 5 6 7 8 AJ KUTCHINS P.O. Box 5138 Berkeley, California 94705 (510) 841-5635 State Bar # 102322 Attorney for Petitioner RONALD SMITH UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA RONALD EDWARD SMITH, 9 Petitioner and Appellant, 10 vs. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 June 15, 2010 Dated: __________________ No. CV 06-01637 MMC CHARLES PLUMMER, Sheriff, Alameda County Jail, Respondent and Appellee. / CERTIFICATE OF APPEALABILITY Having considered the Application of Petitioner Ronald Smith and all of the documents on file in this matter, and finding good cause therefor, the Court determines that Petitioner has made a substantial showing of the denial of a constitutional right in regard to the claim set forth in the above-captioned habeas corpus petition. The Court accordingly certifies the appealability of Petitioner's claim that he was deprived of due process of law, under the principles outlined in Santobello v. New York, 404 U.S. 257 (1971) and its progeny, when the State initiated civil commitment proceedings against him. The Court further certifies that "jurists of reason" could disagree as to whether the abstention doctrine set forth in Younger v. Harris, 401 U.S. 37 (1971) is applicable to the instant case. IT IS SO ORDERED. _________________________________ HON. MAXINE M. CHESNEY United States District Judge 27 28 [PROPOSED] CERT. OF APPEALABILITY

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