Driver v. McDonald et al

Filing 39

ORDER DENYING CERTIFICATE OF APPEALABILITY (Illston, Susan) (Filed on 2/27/2012)

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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 NORTHERN DISTRICT OF CALIFORNIA 7 8 ANTHONY DRIVER, 9 United States District Court For the Northern District of California 10 No. C 10-2564 SI (pr) Petitioner, ORDER DENYING CERTIFICATE OF APPEALABILITY v. 11 ROBERT H. TRIMBLE, Acting Warden, 12 Respondent. / 13 14 The court denied a certificate of appealability in its November 21, 2011 Order 15 Denying Habeas Petition and Denying Certificate of Appealability. Thereafter, petitioner 16 filed an application for a certificate of appealability. A certificate of appealability will not 17 issue. Reasonable jurists would not "find the district court's assessment of the constitutional 18 claims debatable or wrong." Slack v. McDaniel, 529 U.S. 473, 484 (2000). The application 19 for a certificate of appealability is DENIED. (Docket # 32.) All further motions should be 20 filed in the U.S. Court of Appeals for the Ninth Circuit. 21 22 23 24 25 26 27 28 IT IS SO ORDERED. DATED: February 27, 2012 SUSAN ILLSTON United States District Judge

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