Pagtakhan v. Foulk

Filing 43

ORDER DENYING REQUEST FOR CERTIFICATE OF APPEALABILITY (SI, COURT STAFF) (Filed on 10/18/2011)

1
2
3
4
5

UNITED STATES DISTRICT COURT

6

NORTHERN DISTRICT OF CALIFORNIA

7
8

MARLON E. PAGTAKHAN,

9
United States District Court
For the Northern District of California

10
11
12

No. C 09-5495 SI (pr)

Petitioner,
v.

ORDER DENYING REQUEST FOR
CERTIFICATE OF APPEALABILITY

ED FOULK,
Respondent.

13

/

14
15

Petitioner’s request for a Certificate of Appealability is DENIED because he has not

16

demonstrated that “jurists of reason would find it debatable whether the petition states a valid

17

claim of the denial of a constitutional right and that jurists of reason would find it debatable

18

whether the district court was correct in its procedural ruling.” Slack v. McDaniel, 529 U.S.

19

473, 484 (2000).

20
21

The Clerk shall forward to the court of appeals the case file with this Order. See United
States v. Asrar, 116 F.3d 1268, 1270 (9th Cir. 1997).

22
23

IT IS SO ORDERED.

24
25

DATED: October 18, 2011
SUSAN ILLSTON
United States District Judge

26
27
28

G:\SI\HABEAS\2009\09-5495\09-5495.08.wpd