Xavier v. Evans et al

Filing 8

ORDER DENYING CERTIFICATE OF APPEALABILITY; Signed by Judge Marilyn Hall Patel on 6/15/2009. (Attachments: # 1 CertServ)(awb, COURT STAFF) (Filed on 6/17/2009)

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

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

GARY RAYMOND XAVIER, Petitioner, v. MIKE EVANS, Warden, Respondent. /

No. C 08-3299 MHP (pr) ORDER DENYING CERTIFICATE OF APPEALABILITY

Petitioner has filed a notice of appeal, which the court construes as also requesting a certificate of appealability. See 28 U.S.C. § 2253(c); Fed. R. App. P. 22(b). The request for 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. § 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 F.3d 1268, 1270 (9th Cir. 1997). IT IS SO ORDERED. DATED: June 15, 2009 Marilyn Hall Patel United States District Judge