Torrez v. Martel

Filing 48

ORDER denying request for certificate of appealability. Signed by Judge Thelton E. Henderson on 09/23/2010. (tehlc2, COURT STAFF) (Filed on 9/23/2010)

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Torrez v. Martel Doc. 48 1 2 3 4 5 6 7 8 9 10 v. ADAM TORREZ, IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA Petitioner, NO. C08-1309 TEH ORDER DENYING REQUEST FOR CERTIFICATE OF APPEALABILITY MICHAEL MARTEL, Warden, Respondent. United States District Court 11 For the Northern District of California The Court is in receipt of Petitioner Adam Torrez's request for issuance of a 12 certificate of appealability. A certificate of appealability may issue where the petitioner "has 13 made a substantial showing of the denial of a constitutional right." 28 U.S.C. 2253(c)(2). A 14 petitioner satisfies this standard where he or she shows that reasonable jurists could find the 15 issues debatable or that the issues are "adequate to deserve encouragement to proceed 16 further." Slack v. McDaniel, 529 U.S. 473, 483-84 (2000) (quoting Barefoot v. Estelle, 463 17 U.S. 880, 893 n.4 (1983)). 18 Petitioner seeks a certificate of appealability with respect to three issues: (1) whether 19 Petitioner was deprived of the right to confrontation; (2) whether Petitioner was subjected to 20 unconstitutional ex post facto punishment; and (3) whether Petitioner was deprived of the 21 effective assistance of counsel. As reasonable jurists could not find these questions 22 debatable, the certificate of appealability is DENIED as to all issues. 23 24 IT IS SO ORDERED. 25 26 Dated: 9/23/10 27 28 THELTON E. HENDERSON, JUDGE UNITED STATES DISTRICT COURT Dockets.Justia.com

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