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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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 NORTHERN DISTRICT OF CALIFORNIA 7 8 JOSE PEREZ MEDINA, 9 Petitioner, v. 11 For the Northern District of California United States District Court 10 JEANNE WOODFORD, Warden, 12 Respondent. ___________________________________/ No. C-06-2480 EMC ORDER DENYING PETITIONER’S MOTION FOR A CERTIFICATE OF APPEALABILITY (Docket No. 40) 13 14 15 Previously, the Court issued an order denying Petitioner Jose Perez Medina’s petition for a 16 writ of habeas corpus. See Docket No. 38 (order). In the order, the Court inadvertently failed to 17 address whether or not a certificate of appealability should issue. See Section 2254 Case Rule 11 18 (providing that “[t]he district court must issue or deny a certificate of appealability when it enters a 19 final order adverse to the applicant”). Mr. Medina thus filed, in conjunction with his notice of 20 appeal, a motion for a certificate of appealability. The Court hereby DENIES Mr. Medina’s motion. 21 That is, a certificate of appealability will not issue. See 28 U.S.C. § 2253(c). This is not a case in 22 which “reasonable jurists would find the district court’s assessment of the constitutional claims 23 debatable or wrong.” Slack v. McDaniel, 529 U.S. 473, 484 (2000). 24 25 IT IS SO ORDERED. Dated: February 15, 2012 26 27 28 _________________________ EDWARD M. CHEN United States District Judge

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