Baylis v. Tilton

Filing 15

ORDER DENYING CERTIFICATE OF APPEALABILITY. Signed by Judge Charles R. Breyer on 7/31/2009. (ls, COURT STAFF) (Filed on 7/31/2009)

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

PATRICK BAYLIS, Petitioner, VS. JAMES TILTON, Warden, Respondent.

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No.CO7-5791CRB(PR) ORDERDENYING CERTIFICATE OF APPEALABILITY

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Petitioner has filed a notice of appeal which the court also construes as a request for a certificate of appealability under 28 U.S.C. § 2253(c) and Federal Rule of Appellate Procedure 22(b). A certificate of appealability is DENIED because petitioner has not made "a substantial showing of the denial of a constitutional right." 28 U.S.C. 5 2253(c)(2). Petitioner has not demonstrated that "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). The clerk shall forward to the court of appeals the case file with this order. See United States v. Asrar, 116 SO ORDERED. DATED.JUL

3 1 2009
CHARLES R. BREYER United States District Judge

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

PATRICK M BAYLIS, Plaintiff, v. JAMES TILTON et al, Defendant.

Case Number: CV07-0579 1 CRB

CERTIFICATE OF SERVICE

I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. That on July 3 1,2009, I SERVED a true and correct copy(ies) of the attached, by placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle located in the Clerk's office.

Patrick Baylis V-3 1394 C.S.P. Solano P.O. Box 4000 Vacaville, CA 95696 Dated: July 3 1,2009 Richard W. Wieking, Clerk By: Lashanda Scott, Deputy Clerk

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