Dean v. Kane

Filing 15

ORDER DENYING CERTIFICATE OF APPEALABILITY. Signed by Judge Jeffrey S. White on 6/24/10. (jjo, COURT STAFF) (Filed on 6/24/2010)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 vs. A.P. KANE, Warden, Respondent. RICHARD A. DEAN, Petitioner, ) ) ) ) ) ) ) ) ) ) ) ) No. C 06-2511 JSW (PR) ORDER DENYING CERTIFICATE OF APPEALABILITY IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA This is a parole habeas case. The Court denied the petition on the merits and Petitioner has appealed. The Ninth Circuit has remanded the case to this Court to consider whether a certificate of appealability should issue. See Hayward v Marshall, No. 0655392, 2010 WL 1664977, at *5 (9th Cir. Apr. 22, 2010) (en banc) (overruling those portions of White v. Lambert, 370 F.3d 1002, 1004 (9th Cir. 2004), and Rosas v. Nielsen, 428 F.3d 1229, 1231-32 (9th Cir. 2005) (per curiam), that relieved a prisoner from obtaining a certificate of appealability to review the denial of a habeas petition challenging an administrative decision denying parole). A judge shall grant a COA "only if the applicant has made a substantial showing of the denial of a constitutional right." 28 U.S.C. 2253(c)(2). Petitioner has not shown 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). For the reasons set forth in this Court's order denying habeas relief on the merits, Petitioner's request for a certificate of appealability is DENIED. The Clerk shall promptly transmit a 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 copy of this order to the United States Court of Appeals for the Ninth Circuit. IT IS SO ORDERED. DATED: June 24, 2010 JEFFREY S. WHITE United States District Judge 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 v. A.P.KANE et al, Defendant. RICHARD A. DEAN, Plaintiff, UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA Case Number: CV06-02511 JSW CERTIFICATE OF SERVICE / I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. That on June 24, 2010, I SERVED a true and correct copy(ies) of the attached, by placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle located in the Clerk's office. Richard A. Dean E87707 P.O. Box 689 Soledad, CA 93960 Dated: June 24, 2010 Richard W. Wieking, Clerk By: Jennifer Ottolini, Deputy Clerk

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