Salais v. Curry

Filing 15

ORDER DENYING CERTIFICATE OF APPEALABILITY; Signed by Judge Marilyn Hall Patel on 2/27/2009. (Attachments: # 1 CertServ)(awb, COURT-STAFF) (Filed on 3/4/2009)

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1 2 3 4 5 6 7 8 9 10 United 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 MANUEL SALAIS, Petitioner, v. BEN CURRY, Respondent. / No. C 06-6270 MHP (pr) ORDER DENYING CERTIFICATE OF APPEALABILITY The Ninth Circuit has ordered this court to issue or decline to issue a certificate of appealability ("COA") in this case. The court declines to issue a COA because a petitioner does not need a COA to appeal when he is challenging an administrative decision regarding the execution of his sentence by prison officials. See generally Rosas v. Nielsen, 428 F.3d 1229, 1231-32 (9th Cir. 2005). In the alternative, if a COA is needed to appeal when a petitioner is challenging such an administrative decision, the COA is DENIED because petitioner has not made "a substantial showing of the denial of a constitutional right." 28 U.S.C. § 2253(c)(2). Petitioner has not demonstrated 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). The clerk shall forward to the court of appeals the case file with this order. See United States v. Asrar, 116 F.3d 1268, 1270 (9th Cir. 1997). IT IS SO ORDERED. DATED: February 27, 2009 Marilyn Hall Patel United States District Judge

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