Nawi v. Evans

Filing 77

ORDER DENYING MOTION FOR CERTIFICATE OF APPEALABILITY (SI, COURT STAFF) (Filed on 9/1/2011)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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ROBERT C. NAWI,

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United States District Court
For the Northern District of California

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No. C 07-261 SI

Petitioner,

ORDER DENYING MOTION FOR
CERTIFICATE OF APPEALABILITY

v.
R. EVANS, Warden,

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Respondent.

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Petitioner’s motion for a certificate of appealability is DENIED. Petitioner has not made “a

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substantial showing of the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2). It cannot be said

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that “reasonable jurists would find the district court’s assessment of the constitutional claims debatable

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or wrong.” Slack v. McDaniel, 529 U.S. 413, 484 (2000). The denial of the certificate of appealability

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is without prejudice to petitioner seeking a certificate from the United States Court of Appeals for the

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Ninth Circuit.

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IT IS SO ORDERED.

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Dated: September 1, 2011
SUSAN ILLSTON
United States District Judge