David v. Lappin

Filing 13

ORDER DENYING CERTIFICATE OF APPEALABILITY re 12 . Signed by Judge Susan Illston. (SI, COURT STAFF) (Filed on 9/30/2008)

1 2 3 4 5 6 7 8 9 10 United United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: September 30, 2008 SUSAN ILLSTON United States District Judge IT IS SO ORDERED. v. HARLEY G. LAPPIN, Respondent. / DANIEL DAVID, Petitioner, No. C 07-4081 SI No. CR 02-0062 SI ORDER DENYING CERTIFICATE OF APPEALABILITY IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

Petitioner filed a notice of appeal but did not file an application for a certificate of appealability. See 28 U.S.C. § 2253(c); Fed. R. App. P. 22(b) (Docket # 302). If petitioner had filed an application for a certificate of appealability, it would be DENIED because petitioner has not demonstrated that "jurists of reason would find it debatable whether the petition states a valid claim of the denial of a constitutional right and that jurists of reason would find it debatable whether the district court was correct in its procedural ruling." Slack v. McDaniel, 529 U.S. 473, 484, 120 S.Ct. 1595, 146 L.Ed.2d 542 (2000) . The clerk shall forward to the court of appeals the case file with this order. See United States v. Asrar, 116 F.3d 1268, 1270 (9th Cir.1997).