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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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

United States District Court
For the Northern District of California

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No. C 10-01597 CRB

ALI REZA SHAISI,

ORDER DENYING CERTIFICATE
OF APPEALABILITY

Petitioner,
v.
JAMES A. YATES,
Respondent.

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In July 2011, the Court denied Petitioner Ali Reza Shaisi’s Petition for a Writ of

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Habeas Corpus under 28 U.S.C. § 2254. See dkt. 15. Petitioner has now moved for a

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certificate of appealability. See dkt. 20. Pursuant to Rule 11 of the Rules Governing Section

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2254 Cases, a certificate of appealability under 28 U.S.C. § 2253(c) is DENIED because, for

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the reasons described in the Court’s Memorandum and Order denying habeas relief, see dkt.

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15, Petitioner has not demonstrated that “reasonable jurists would find the district court’s

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assessment of the constitutional claims debatable or wrong,” see Slack v. McDaniel, 529

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U.S. 473, 484 (2000).

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IT IS SO ORDERED.

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Dated: October 7, 2011
CHARLES R. BREYER
UNITED STATES DISTRICT JUDGE

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