Bankston v. Curry

Filing 56

ORDER by Judge Charles R. Breyer granting 54 Motion for Certificate of Appealability (crblc3, COURT STAFF) (Filed on 6/4/2010)

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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 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA LEWIS DALE BANKSTON, Petitioner, v. BEN CURRY, Warden, Respondent. / No. C 07-1819 CRB CERTIFICATE OF APPEALABILITY Now before the Court is petitioner's request for issuance of a certificate of appealability ("COA"). A judge shall grant a COA "if the applicant has made a substantial showing of the denial of a constitutional right." 28 U.S.C. 2253(c)(2). "Where a district court has rejected the constitutional claims on the merits, the showing required to satisfy 2253(c) is straightforward: the petitioner must demonstrate 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). Here, the Court GRANTS a certificate of appealability with respect to Petitioner's claim that he was improperly denied parole. IT IS SO ORDERED. Dated: June 4, 2010 G:\CRBALL\2007\1819\Certificate of Appealability.wpd CHARLES R. BREYER UNITED STATES DISTRICT JUDGE 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 2 G:\CRBALL\2007\1819\Certificate of Appealability.wpd

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