Singleton v. Santa Rita County Jail

Filing 32

ORDER DENYING CERTIFICATE OF APPEALABILITY. Signed by Judge Vaughn R Walker on 11/19/2008. (Attachments: # 1 proof of service)(cgk, COURT STAFF) (Filed on 11/19/2008)

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G:\PRO-SE\VRW\HC.07\Singleton, D1.coa.wpd

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

DUANE A SINGLETON, Petitioner, vs. ROBERT L AYERS, Warden, Respondent.

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No C 07-5969 VRW (PR) ORDER DENYING CERTIFICATE OF APPEALABILITY (Doc # 30)

Petitioner has filed a notice of appeal and request for a certificate of appealability pursuant to 28 USC § 2253(c) and Federal Rule of Appellate Procedure 22(b). A certificate of appealability (doc # 30) is DENIED because petitioner has not made "a substantial showing of the denial of a constitutional right." 28 USC § 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 US 473, 484 (2000). The clerk shall forward to the court of appeals the case file with this order. See United States v Asrar, 116 F3d 1268, 1270 (9th Cir 1997). SO ORDERED. VAUGHN R WALKER United States District Chief Judge