Ellis v. United States of America
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)
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
UNITED STATES OF AMERICA,
[No. C-07-1844 EMC]
For the Northern District of California
United States District Court
No. CR-01-0344 EMC-20
ORDER RE CERTIFICATE OF
(Docket No. 40)
On January 24, 2012, the Court issued an order denying Kim Ellis’s motion to reopen his §
2255 habeas case. In the order, the Court did not address whether or not a certificate of
appealability should issue. See Section 2255 Case Rule 11 (providing that “[t]he district court must
issue or deny a certificate of appealability when it enters a final order adverse to the applicant”).
The Court hereby declines to issue a certificate of appealability. See 28 U.S.C. § 2253(c). This is
not a case in which “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). Nor is
this a case where “jurists of reason would find it debatable whether the district court was correct in
its procedural ruling.” Id.
IT IS SO ORDERED.
Dated: March 12, 2012
EDWARD M. CHEN
United States District Judge
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