Smith v. Chappell

Filing 49

ORDER GRANTING REQUEST FOR CERTIFICATE OF APPEALABILITY (Illston, Susan) (Filed on 9/23/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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TROY SMITH,

Case No. 11-cv-01791-SI

Petitioner,
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v.

ORDER GRANTING REQUEST FOR
CERTIFICATE OF APPEALABILITY

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KEVIN CHAPPELL,

Re: Dkt. No. 45

Respondent.

United States District Court
Northern District of California

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Petitioner has filed a request for a certificate of appealability. Dkt Nos. 45, 46. Petitioner

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seeks to appeal: (1) the denial of his petition for writ of habeas corpus, specifically that portion

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brought under Brady v. Maryland, 373 U.S. 83 (1963); and (2) the denial of his motion for

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discovery on his Brady claim. See Dkt. Nos. 37, 43. Because a reasonable jurist could “find the

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district court’s assessment of the constitutional claims debatable or wrong,” petitioner’s request is

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GRANTED. See Slack v. McDaniel, 529 U.S. 473, 484 (2000). A certificate of appealability shall

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issue on the denial of the Brady claim and the denial of the motion for discovery as to the Brady

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claim. See Dkt. No. 45 at 2.

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IT IS SO ORDERED.
Dated: September 22, 2015
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SUSAN ILLSTON
United States District Judge