Gans v. Wong

Filing 18

ORDER DENYING CERTIFICATE OF APPEALABILITY: The Clerk shall forward this order to the United States Court of Appeals for the Nineth Circuit, from which petitioner may also seek a certificate of appealability. (cc: USCA 9th Circuit) (SI, COURT STAFF) (Filed on 7/1/2010)

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Gans v. Wong Doc. 18 1 2 3 4 5 6 7 8 9 10 11 12 13 United States District Court For the Northern District of California 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 G:\SI\HABEAS\2008\08-4676\08-4676.06.wpd UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA ANTONIO C. GANS, Petitioner, v. R. G. WONG, warden, Respondent. / No. C 08-4676 SI (pr) ORDER DENYING CERTIFICATE OF APPEALABILITY Petitioner has filed a notice of appeal from the order denying his petition for writ of habeas corpus. He has not requested a certificate of appealability, but the notice of appeal will be treated as such a request. See United States v. Asrar, 116 F.3d 1268, 1270 (9th Cir. 1997). (if no express request for COA, notice of appeal shall be deemed request for certificate). A certificate of appealability will not issue here because petitioner has not made "a substantial showing of the denial of a constitutional right." 28 U.S.C. 2253(c)(2). This is not a case in which "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 this order to the United States Court of Appeals for the Ninth Circuit, from which Petitioner may also seek a certificate of appealability. See United States, 116 F.3d at 1270. IT IS SO ORDERED. DATED: July 1, 2010 SUSAN ILLSTON United States District Judge Dockets.Justia.com

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