Dowdy v. Curry

Filing 14

ORDER by Judge William Alsup denying 13 Motion for Certificate of Appealability. (Attachments: # 1 Certificate of Service) (dt, COURT STAFF) (Filed on 10/27/2010)

Dowdy v. Curry

Doc. 14

1 2 3 4 5 6 7 8 9 10 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

United States District Court

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For the Northern District of California

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GREGORY L. DOWDY, Petitioner, vs. BEN CURRY, Warden, Respondents. /

No. C 09-3144 WHA (PR) DENIAL OF CERTIFICATE OF APPEALABILITY

(Docket No. 13)

This is a habeas case filed by a California prisoner proceeding pro se. Respondent's motion to dismiss the petition was granted on September 2, 2010. Petitioner has filed a notice of appeal. He also requests a certificate of appealability ("COA") pursuant to 28 U.S.C. 2253(c) and Rule 22(b) of the Federal Rules of Appellate Procedure. Reasonable jurists would not find it debatable that the court was correct in its procedural ruling and that petitioner stated a valid claim for the violation of his constitutional rights. Slack v. McDaniel, 529 U.S. 473, 484 (2000). The request for a certificate of appealability (docket number 13) is DENIED. // //

Dockets.Justia.com

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The clerk shall transmit the file, including a copy of this order, to the Court of Appeals. See Fed. R.App.P. 22(b); United States v. Asrar, 116 F.3d 1268, 1270 (9th Cir. 1997). Petitioner may then ask the Court of Appeals to issue the certificate, see R.App.P. 22(b)(1), or if he does not, the notice of appeal will be construed as including such a request, see R.App.P. 22(b)(2). IT IS SO ORDERED. Dated: October 27 , 2010.

WILLIAM ALSUP UNITED STATES DISTRICT JUDGE

United States District Court

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For the Northern District of California

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G:\PRO-SE\W HA\HC.09\DOW DY3144.COA.wpd

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