Watkins v. Evans

Filing 44

ORDER DENYING PETITIONER'S APPLICATION FOR CERTIFICATE OF APPEALABILITY. Signed by Judge Maxine M. Chesney on December 21, 2012. (mmclc1, COURT STAFF) (Filed on 12/21/2012) (Additional attachment(s) added on 12/21/2012: # 1 Certificate of Service) (tlS, COURT STAFF).

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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NATHANIEL WATKINS,

No. C-09-3071 MMC

For the Northern District of California

United States District Court

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Petitioner,

ORDER DENYING PETITIONER’S
APPLICATION FOR CERTIFICATE OF
APPEALABILITY

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v.
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ANTHONY HEDGPETH,
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Respondent.

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Before the Court is petitioner’s “Application for Certificate of Appealability from the
District Court and Statement of Reason in Support,” filed November 29, 2012. Having read
and considered the application, the Court rules as follows.
By order filed June 26, 2012, the Court denied petitioner’s petition for a writ of
habeas corpus and declined to issue a certificate of appealability. Consequently, the Court
construes the instant application as a request to reconsider whether a certificate of
appealability should be issued. So construed, the application is hereby DENIED, for the
reason that petitioner fails to identify any cognizable basis for reconsideration exists, see
Fed. R. Civ. P. 6)(b), and, in any event, fails to make a substantial showing of the denial of
a constitutional right, see 28 U.S.C. § 2253(c)(2).
IT IS SO ORDERED.

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Dated: December 21, 2012
MAXINE M. CHESNEY
United States District Judge