Medina v. Woodford

Filing 41

ORDER by Judge Edward M. Chen denying 40 Petitioner's Motion for Certificate of Appealability (emclc1, COURT STAFF) (Filed on 2/15/2012)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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JOSE PEREZ MEDINA,

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Petitioner,
v.

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For the Northern District of California

United States District Court

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JEANNE WOODFORD, Warden,

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Respondent.
___________________________________/

No. C-06-2480 EMC

ORDER DENYING PETITIONER’S
MOTION FOR A CERTIFICATE OF
APPEALABILITY
(Docket No. 40)

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Previously, the Court issued an order denying Petitioner Jose Perez Medina’s petition for a

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writ of habeas corpus. See Docket No. 38 (order). In the order, the Court inadvertently failed to

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address whether or not a certificate of appealability should issue. See Section 2254 Case Rule 11

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(providing that “[t]he district court must issue or deny a certificate of appealability when it enters a

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final order adverse to the applicant”). Mr. Medina thus filed, in conjunction with his notice of

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appeal, a motion for a certificate of appealability. The Court hereby DENIES Mr. Medina’s motion.

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That is, a certificate of appealability will not issue. See 28 U.S.C. § 2253(c). This is not a case in

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which “reasonable jurists would find the district court’s assessment of the constitutional claims

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debatable or wrong.” Slack v. McDaniel, 529 U.S. 473, 484 (2000).

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IT IS SO ORDERED.
Dated: February 15, 2012

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_________________________
EDWARD M. CHEN
United States District Judge