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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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 NORTHERN DISTRICT OF CALIFORNIA 7 8 UNITED STATES OF AMERICA, 9 [No. C-07-1844 EMC] v. 11 For the Northern District of California United States District Court 10 Plaintiff, No. CR-01-0344 EMC-20 KIM ELLIS, ORDER RE CERTIFICATE OF APPEALABILITY 12 Defendant. ___________________________________/ (Docket No. 40) 13 14 On January 24, 2012, the Court issued an order denying Kim Ellis’s motion to reopen his § 15 2255 habeas case. In the order, the Court did not address whether or not a certificate of 16 appealability should issue. See Section 2255 Case Rule 11 (providing that “[t]he district court must 17 issue or deny a certificate of appealability when it enters a final order adverse to the applicant”). 18 The Court hereby declines to issue a certificate of appealability. See 28 U.S.C. § 2253(c). This is 19 not a case in which “reasonable jurists would find the district court’s assessment of the 20 constitutional claims debatable or wrong.” Slack v. McDaniel, 529 U.S. 473, 484 (2000). Nor is 21 this a case where “jurists of reason would find it debatable whether the district court was correct in 22 its procedural ruling.” Id. 23 IT IS SO ORDERED. 24 25 Dated: March 12, 2012 26 27 28 _________________________ EDWARD M. CHEN United States District Judge

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