Hernandez v. The People of the State of California

Filing 38

ORDER DENYING CERTIFICATE OF APPEALABILITY (SI, COURT STAFF) (Filed on 9/13/2011)

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA

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GABRIEL HERNANDEZ,
Petitioner,

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United States District Court
For the Northern District of California

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No. C 08-4085 SI (pr)
ORDER DENYING CERTIFICATE
OF APPEALABILITY

v.
KELLY HARRINGTON, Acting Warden,
Respondent.
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The court denied a certificate of appealability in its July 1, 2011 Order Denying Habeas

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Petition and Denying Certificate of Appealability. Thereafter, petitioner filed an application for

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a certificate of appealability. A certificate of appealability will not issue. Reasonable jurists

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would not "find the district court's assessment of the constitutional claims debatable or wrong."

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Slack v. McDaniel, 529 U.S. 473, 484 (2000). The application for a certificate of appealability

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is DENIED. (Docket # 35.) All further motions should be filed in the U.S. Court of Appeals

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for the Ninth Circuit.

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IT IS SO ORDERED.

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DATED: September 13, 2011
SUSAN ILLSTON
United States District Judge