Wilson v. Swarthout

Filing 20

ORDER DENYING OBJECTIONS and Request for a Certificate of Appealability filed by Michael Howard Wilson. Signed by Judge Charles R. Breyer on 6/19/2012. (Attachments: # 1 Certificate/Proof of Service)(beS, COURT STAFF) (Filed on 6/20/2012)

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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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ORDER DENYING OBJECTIONS
AND REQUEST FOR A
CERTIFICATE OF APPEALABILITY;
INSTRUCTIONS TO CLERK

Petitioner,

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vs.

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No. C 10-4157 CRB (PR)

MICHAEL H. WILSON, F-57598,

G. SWARTHOUT, Warden,
Respondent.

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This is a habeas case filed pro se by a state prisoner. The petition was denied in an

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order entered on June 4, 2012. Petitioner has filed what he captions a “Motion in [sic]

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Objections [sic] to Magistrate Judge’s Report and Recommendation and Request for Issuance

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of a Certificate of Appealability.”
Petitioner erroneously believes that this court’s ruling on his petition was a report and

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recommendation by a magistrate judge, when in fact it was a definitive ruling on the merits

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of the petition by the undersigned district court judge. The objections therefore will be

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construed as a motion to reconsider.
In his objections petitioner merely repeats his arguments on the merits. He does not

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point to any flaw in the court’s reasoning. He has failed to provide any reason to reconsider

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the result. The objections are DENIED.

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///

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Petitioner also requests a certificate of appealability (“COA”). A COA was denied in

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the order denying the petition, although petitioner evinces no awareness of this, and nothing

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petitioner says in this motion requires a different result. The request is DENIED.

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The clerk shall transmit the file, including a copy of this order, to the Court of

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Appeals. See Fed. R. App. P. 22(b); United States v. Asrar, 116 F.3d 1268, 1270 (9th Cir.

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1997). Petitioner may then ask the Court of Appeals to issue the certificate. See R. App. P.

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22(b)(1).

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SO ORDERED.

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DATED: June 19, 2012

United States District Court
For the Northern District of California

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______________________________
CHARLES R. BREYER
United States District Judge

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G:\PRO-SE\CRB\HC.10\Wilson, M1.coa.wpd

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