Lara v. Yates

Filing 70

ORDER by Judge Marilyn Hall Patel denying 67 petitioner's Motion for Certificate of Appealability; Petitioner's motion for appointment of counsel is denied. (Attachments: # 1 CertServ) (awb, COURT STAFF) (Filed on 3/4/2011)

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Lara v. Yates Doc. 70 1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA JOHN JOE LARA, Petitioner, v. JAMES A. YATES, warden, Respondent. / No. C 06-3138 MHP (pr) ORDER DENYING CERTIFICATE OF APPEALABILITY Petitioner has filed a notice of appeal and requested a certificate of appealability. See 28 U.S.C. 2253(c). The request for a certificate of appealability is DENIED. (Docket # 67.) 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). In light of the denial of the certificate of appealability, petitioner's request for appointment of counsel made in the same filing also is denied. IT IS SO ORDERED. DATED: March 4, 2011 Marilyn Hall Patel United States District Judge

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