McDonough v. Yates

Filing 19

ORDER GRANTING MOTION FOR CERTIFICATE OF APPEALABILITY; ISSUING CERTIFICATE OF APPEALABILITY. Signed by Judge Maxine M. Chesney on October 26, 2011. (mmclc2, COURT STAFF) (Filed on 10/26/2011)

1
2
3
4
5
6
7
8

IN THE UNITED STATES DISTRICT COURT

9

FOR THE NORTHERN DISTRICT OF CALIFORNIA

For the Northern District of California

United States District Court

10
11

DAVID M. MCDONOUGH,
Petitioner,

12
v.

13
14
15

JAMES A. YATES,
/

No. C 07-2469 MMC
ORDER GRANTING MOTION FOR
CERTIFICATE OF APPEALABILITY;
ISSUING CERTIFICATE OF
APPEALABILITY

Respondent.

16
17

Before the Court is petitioner David McDonough’s Motion for Certificate of

18

Appealability, filed October 21, 2011. Having read and considered petitioner’s motion, the

19

Court finds petitioner is entitled to a certificate of appealability on the following issue:

20

whether it is a violation of the Ex Post Facto Clause, U.S. Const. art. I, § 9, cl. 3, to deny

21

petitioner conduct credit in excess of 15% on time served, under California Penal Code

22

§ 2933.1, for offenses committed both before and after the enactment of said statute.

23
24
25

Accordingly, the Court hereby GRANTS the motion and ISSUES a certificate of
appealability for the issue set forth above.
IT IS SO ORDERED.

26
27
28

Dated: October 26, 2011
MAXINE M. CHESNEY
United States District Judge