Strong v. Schwarznegger et al

Filing 20

ORDER DENYING CERTIFICATE OF APPEALABILITY (SI, COURT STAFF) (Filed on 5/28/2010)

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1 2 3 4 5 6 7 8 9 10 11 12 13 United States District Court For the Northern District of California 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SYLVESTER STRONG, Petitioner, v. BEN CURRY, warden, Respondent. / No. C 07-4927 SI (pr) ORDER DENYING CERTIFICATE OF APPEALABILITY Petitioner has filed a notice of appeal from the order denying his petition for writ of habeas corpus that challenged a parole denial decision. Under the recent decision of Hayward v. Marshall, -- F.3d --, 2010 WL 1664977, *5 (9th Cir. Apr. 22, 2010), a petitioner must obtain a certificate of appealability to appeal such a decision. A certificate of appealability will not issue because petitioner has not made "a substantial showing of the denial of a constitutional right." 28 U.S.C. 2253(c)(2). 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). IT IS SO ORDERED. DATED: May 28, 2010 SUSAN ILLSTON United States District Judge

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