Shaisi v. Yates

Filing 22

ORDER by Judge Charles R. Breyer denying 20 Motion for Certificate of Appealability. (crblc1, COURT STAFF) (Filed on 10/7/2011)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE NORTHERN DISTRICT OF CALIFORNIA United States District Court For the Northern District of California 10 11 12 13 14 15 No. C 10-01597 CRB ALI REZA SHAISI, ORDER DENYING CERTIFICATE OF APPEALABILITY Petitioner, v. JAMES A. YATES, Respondent. / 16 17 In July 2011, the Court denied Petitioner Ali Reza Shaisi’s Petition for a Writ of 18 Habeas Corpus under 28 U.S.C. § 2254. See dkt. 15. Petitioner has now moved for a 19 certificate of appealability. See dkt. 20. Pursuant to Rule 11 of the Rules Governing Section 20 2254 Cases, a certificate of appealability under 28 U.S.C. § 2253(c) is DENIED because, for 21 the reasons described in the Court’s Memorandum and Order denying habeas relief, see dkt. 22 15, Petitioner has not demonstrated that “reasonable jurists would find the district court’s 23 assessment of the constitutional claims debatable or wrong,” see Slack v. McDaniel, 529 24 U.S. 473, 484 (2000). 25 IT IS SO ORDERED. 26 27 Dated: October 7, 2011 CHARLES R. BREYER UNITED STATES DISTRICT JUDGE 28 \\Candsf\data\Users\CRBALL\2010\1597\Order re COA.wpd

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