Samilton v. Horel

Filing 8

ORDER DENYING CERTIFICATE OF APPEALABILITY. Signed by Judge Vaughn R Walker on 5/27/2009. (Attachments: # 1 proof of service)(cgk, COURT STAFF) (Filed on 5/27/2009)

1 2 3 4 5 6 7 8 9 10 United United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 KENNETH WAYNE SAMILTON, Petitioner, v ROBERT A HOREL, Warden, Respondent. / Petitioner has filed a notice of appeal and request for a certificate of appealability pursuant to 28 USC section 2253(c) and Federal Rule of Appellate Procedure 22(b). Doc #7. (Doc #7) No C-08-2755 VRW (PR) IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

ORDER DENYING CERTIFICATE OF APPEALABILITY

Petitioner's request for a certificate of appealability is DENIED because petitioner has not made "a substantial showing of the denial of a constitutional right." 28 USC § 2253(c)(2). Nor

has petitioner 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).

1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

The clerk shall forward to the court of appeals the case file with this order. 1270 (9th Cir 1997). See United States v Asrar, 116 F3d 1268,

IT IS SO ORDERED.

VAUGHN R WALKER United States District Chief Judge

G:\PRO-SE\VRW\HC.08\Samilton-08-2755-order denying coa.wpd

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