Medina v. Woodford
ORDER by Judge Edward M. Chen denying 40 Petitioner's Motion for Certificate of Appealability (emclc1, COURT STAFF) (Filed on 2/15/2012)
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
JOSE PEREZ MEDINA,
For the Northern District of California
United States District Court
JEANNE WOODFORD, Warden,
No. C-06-2480 EMC
ORDER DENYING PETITIONER’S
MOTION FOR A CERTIFICATE OF
(Docket No. 40)
Previously, the Court issued an order denying Petitioner Jose Perez Medina’s petition for a
writ of habeas corpus. See Docket No. 38 (order). In the order, the Court inadvertently failed to
address whether or not a certificate of appealability should issue. See Section 2254 Case Rule 11
(providing that “[t]he district court must issue or deny a certificate of appealability when it enters a
final order adverse to the applicant”). Mr. Medina thus filed, in conjunction with his notice of
appeal, a motion for a certificate of appealability. The Court hereby DENIES Mr. Medina’s motion.
That is, a certificate of appealability will not issue. See 28 U.S.C. § 2253(c). 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).
IT IS SO ORDERED.
Dated: February 15, 2012
EDWARD M. CHEN
United States District Judge
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?