Mosby v. Yates

Filing 34

ORDER DENYING CERTIFICATE OF APPEALABILITY; DIRECTIONS TO CLERK. Signed by Judge Maxine M. Chesney on 5/19/2011. (mmclc2, COURT STAFF) (Filed on 5/19/2011)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

For the Northern District of California

United States District Court

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CORY MOSBY,
Petitioner,

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No. C-09-1667 MMC
ORDER DENYING CERTIFICATE OF
APPEALABILITY; DIRECTIONS TO
CLERK

v.
JAMES A. YATES,
Respondent.

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The Ninth Circuit Court of Appeals having remanded the above-titled action to this

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Court for the limited purpose of granting or denying a certificate of appealability with

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respect to the Court’s February 10, 2011 order denying petitioner Cory Mosby’s petition for

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a writ of habeas corpus, the Court rules as follows.

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A certificate of appealability is hereby DENIED. See 28 U.S.C. § 2253(c)(1)(A);

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Rules Governing Habeas Corpus Cases Under § 2254, Rule 11 (requiring district court to

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issue or deny certificate of appealability when entering final order adverse to petitioner).

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Specifically, petitioner has failed to make a substantial showing of the denial of a

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constitutional right, as he has not demonstrated that reasonable jurists would find the

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Court’s assessment of the constitutional claims debatable or wrong. Slack v. McDaniel,

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529 U.S. 473, 484 (2000).

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The Clerk is hereby DIRECTED to send a copy of this order to the Ninth Circuit

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Court of Appeals.
IT IS SO ORDERED.
Dated: May 19, 2011
_____________________________
MAXINE M. CHESNEY
United States District Judge

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