Ellis v. United States of America

Filing 20

ORDER Re Certificate of Appealability. Signed by Judge Edward M. Chen on 3/12/2012. (Attachments: # 1 Certificate of Service). (emcsec, COURT STAFF) (Filed on 3/12/2012)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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UNITED STATES OF AMERICA,

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[No. C-07-1844 EMC]

v.

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For the Northern District of California

United States District Court

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Plaintiff,

No. CR-01-0344 EMC-20

KIM ELLIS,

ORDER RE CERTIFICATE OF
APPEALABILITY

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Defendant.
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(Docket No. 40)

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On January 24, 2012, the Court issued an order denying Kim Ellis’s motion to reopen his §

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2255 habeas case. In the order, the Court did not address whether or not a certificate of

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appealability should issue. See Section 2255 Case Rule 11 (providing that “[t]he district court must

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issue or deny a certificate of appealability when it enters a final order adverse to the applicant”).

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The Court hereby declines to issue a certificate of appealability. See 28 U.S.C. § 2253(c). This is

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not a case in which “reasonable jurists would find the district court’s assessment of the

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constitutional claims debatable or wrong.” Slack v. McDaniel, 529 U.S. 473, 484 (2000). Nor is

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this a case where “jurists of reason would find it debatable whether the district court was correct in

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its procedural ruling.” Id.

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IT IS SO ORDERED.

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Dated: March 12, 2012

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_________________________
EDWARD M. CHEN
United States District Judge