LaFarga v. Martel

Filing 18

ORDER DENYING Request for Certificate of Appealability. Signed by Judge Thelton E. Henderson on 09/20/10. (Attachments: # 1 Certificate of Service)(rbe, COURT STAFF) (Filed on 9/21/2010)

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LaFarga v. Martel Doc. 18 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 Petitioner has filed a Notice of Appeal, which the Court also construes as an application for a Certificate of Appealability under 28 U.S.C. 2253(c) and Federal Rule of Appellate Procedure 22(b). Doc. #16. Petitioner is appealing this Court's November 3, v. M. MARTEL, Warden, Respondent. / (Doc. #16) MARK LAFARGA, Petitioner, ORDER DENYING REQUEST FOR CERTIFICATE OF APPEALABILITY No. C-08-4420 TEH (PR) IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA 2009 Order dismissing his 28 U.S.C. 2254 petition on the ground that it was untimely under 28 U.S.C. 2244(d). Doc. #14. Petitioner's request for a Certificate of Appealability is DENIED because he has not demonstrated that "jurists of reason would find it debatable whether the petition states a valid claim of the denial of a constitutional right and that jurists of reason would find it debatable whether the district court was correct in its procedural ruling." // // Slack v. McDaniel, 529 U.S. 473, 484 (2000). Dockets.Justia.com 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 DATED 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 F.3d 1268, IT IS SO ORDERED. 09/20/10 THELTON E. HENDERSON United States District Judge G:\PRO-SE\TEH\HC.08\LaFarga-08-4420-deny COA.wpd 2

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