Carrasco v. Horel et al

Filing 18

ORDER DENYING 16 CERTIFICATE OF APPEALABILITY; DENYING 17 PETITIONER'S SECOND MOTION FOR APPOINTMENT OF COUNSEL. Signed by Judge Maxine M. Chesney on April 6, 2012. (mmcsec, COURT STAFF) (Filed on 4/6/2012)

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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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For the Northern District of California

United States District Court

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CHRISTOPHER A. CARRASCO,

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Petitioner,
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v.
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ROBERT A. HOREL, Warden,
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Respondent.
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______________________________ )

No. C 07-5666 MMC (PR)
ORDER DENYING CERTIFICATE
OF APPEALABILITY; DENYING
PETITIONER’S SECOND MOTION
FOR APPOINTMENT OF COUNSEL
(Docket Nos. 16, 17)

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On November 7, 2007, petitioner, a California prisoner proceeding pro se, filed the

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above-titled petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. On December

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13, 2011, the petition was denied on its merits, and a certificate of appealability (“COA”)

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was denied. On February 20, 2012, petitioner filed a motion for appointment of counsel to

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assist him in preparing an application for a COA. Said motion was denied on March 5, 2012.

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Now before the Court is petitioner’s request for a certificate of appealability. Said

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request is hereby DENIED for the reasons stated at pages 27-28 of the Order Denying

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Petition for Writ of Habeas Corpus, filed December 13, 2011. (Docket No. 12.)

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Petitioner also has filed a renewed motion for appointment of counsel. Said motion is

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hereby DENIED for the reasons stated in the Order Denying Petitioner’s Motion for

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Appointment of Counsel, filed March 5, 2012. (Docket No. 15.)

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The Clerk shall forward this order to the United States Court of Appeals for the Ninth

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Circuit, from which petitioner may also seek a certificate of appealability. See United States

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v. Asrar, 116 F.3d 1268, 1270 n.2 (9th Cir. 1997).

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This order terminates Docket Numbers 16 and 17.

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IT IS SO ORDERED.

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DATED: April 6, 2012

_________________________
MAXINE M. CHESNEY
United States District Judge

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For the Northern District of California

United States District Court

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