Bland v. Horel

Filing 23

ORDER denying certificate of appealability. Signed by Judge Thelton E. Henderson on 09/03/10. (tehlc3, COURT STAFF) (Filed on 9/3/2010) (Additional attachment(s) added on 9/3/2010: # 1 Certificate of Service) (rbe, COURT STAFF).

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Bland v. Horel Doc. 23 1 2 3 4 5 6 7 8 9 10 v. ROBERT HOREL, IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA PAUL EDDIE BLAND II, Petitioner, NO. C07-4023 TEH ORDER DENYING CERTIFICATE OF APPEALABILITY Respondent. United States District Court 11 For the Northern District of California Having denied Petitioner's request for habeas relief, this Court must issue or deny a 12 certificate of appealability pursuant to Rule 11(a) of the Rules Governing Section 2254 13 Cases. The Court DENIES a certificate of appealability because Petitioner has failed to 14 make a "substantial showing of the denial of a constitutional right" on any of his claims. 15 28 U.S.C. 2253(c)(2); see also Slack v. McDaniel, 529 U.S. 473, 483-84 (2000) (explaining 16 that an applicant satisfies this standard where he or she shows that reasonable jurists could 17 find the issues debatable or that the issues are "adequate to deserve encouragement to 18 proceed further") (quoting Barefoot v. Estelle, 463 U.S. 880, 893 n.4 (1983)). Petitioner 19 "may not appeal the denial of a certificate of appealability but may seek a certificate from the 20 Court of Appeals under Rule 22 of the Federal Rules of Appellate Procedure." Rule 11(a) of 21 the Rules Governing Section 2254 Cases. 22 23 IT IS SO ORDERED. 24 25 Dated: 09/03/10 26 27 28 THELTON E. HENDERSON, JUDGE UNITED STATES DISTRICT COURT

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