Peng v. Tilton et al

Filing 36

ORDER DENYING 32 CERTIFICATE OF APPEALABILITY. Signed by Judge Maxine M. Chesney on October 20, 2010. (mmcsec, COURT STAFF) (Filed on 10/20/2010)

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Peng v. Tilton et al Doc. 36 1 2 3 4 5 6 7 8 9 10 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 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA KUN SHAN PENG, ) ) Petitioner, ) ) vs. ) ) JAMES TILTON, Director of the ) California Department of ) Corrections; BEN CURRY, Warden, ) ) Respondents. ) ______________________________ ) No. C 07-4797 MMC (PR) ORDER DENYING CERTIFICATE OF APPEALABILITY (Docket No. 32) On September 18, 2007, petitioner, a California prisoner proceeding pro se, filed the above-titled petition for a writ of habeas corpus pursuant to 28 U.S.C. 2254. On August 3, 2010, the Court granted respondent's motion to dismiss the petition as barred by the applicable one-year statute of limitations, and entered judgment. Petitioner has now filed a notice of appeal from the entry of judgment in respondent's favor and a request for a certificate of appealability pursuant to 28 U.S.C. 2253(c) and Federal Rule of Appellate Procedure 22(b). Petitioner has not shown, however, "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 (2000). Accordingly, the request for a certificate of appealability is hereby DENIED. Dockets.Justia.com 1 2 3 4 5 6 7 8 9 10 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 The Clerk shall forward this order, along with the case file, to the United States Court of Appeals for the Ninth Circuit, from which petitioner may also seek a certificate of appealability. See United States v. Asrar, 116 F.3d 1268, 1270 (9th Cir. 1997). This order terminates Docket No. 32. IT IS SO ORDERED. DATED: October 20, 2010 _________________________ MAXINE M. CHESNEY United States District Judge 2

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