McClish v. Grounds
Filing
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ORDER granting 15 Motion for Leave to Appeal in forma pauperis; denying 17 Motion for Certificate of Appealability. by Judge Richard Seeborg (cl, COURT STAFF) (Filed on 1/6/2014)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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SAN FRANCISCO DIVISION
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No. C 11-01104 RS
MICHAEL PATRICK MCCLISH,
Petitioner,
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For the Northern District of California
United States District Court
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ORDER DENYING APPLICATION
FOR A CERTIFICATE OF
APPEALABILITY AND GRANTING
REQUEST TO PROCEED IN FORMA
PAUPERIS ON APPEAL
v.
RANDY GROUNDS,
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Respondent.
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The Court denied the petition for writ of habeas corpus, and entered judgment in favor of
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respondent in May 2013. The Court then denied petitioner’s motion to amend the judgment in
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December 2013. The Court now declines to issue a certificate of appealability. Reasonable
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jurists would not “find the district court’s assessment of the constitutional claims debatable or
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wrong.” Slack v. McDaniel, 529 U.S. 473, 484 (2000). Petitioner may seek a certificate of
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appealability from the Court of Appeals.
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Petitioner’s application to proceed in forma pauperis (“IFP”) on appeal is granted.
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IT IS SO ORDERED.
Dated: January 6, 2014
RICHARD SEEBORG
UNITED STATES DISTRICT JUDGE
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NO. C 11-01104 RS
ORDER
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