Fikri Bayramoglu v. J. Tim Ochoa

Filing 19

ORDER CERTIFICATE OF APPEALABILITY. Signed by Judge William Alsup on 7/19/11. (Attachments: # 1 Certificate of Service)(dt, COURT STAFF) (Filed on 7/20/2011)

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1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE NORTHERN DISTRICT OF CALIFORNIA 8 9 FIKRI BAYRAMOGLU, 11 For the Northern District of California United States District Court 10 12 13 No. C 11-3074 WHA (PR) Petitioner, ORDER CERTIFICATE OF APPEALABILITY vs. J. TIM OCHOA, Warden, Respondent. / 14 15 Petitioner, a California prisoner proceeding pro se, filed a petition for a writ of habeas 16 corpus pursuant to 28 U.S.C. 2254. The petition, which was successive, was dismissed without 17 prejudice to refiling after obtaining the necessary authorization from the United States Court of 18 Appeals. Petitioner has filed a notice of appeal, which is construed as a request for a 19 certificate of appealability. Petitioner has failed to make a substantial showing that 20 reasonable jurists would find it debatable whether the district court was correct in its ruling. 21 See Slack v. McDaniel, 529 U.S. 473, 484 (2000). Consequently, no certificate of appealability 22 is warranted in this case. The clerk shall process the appeal. 23 IT IS SO ORDERED. 24 25 Dated: July 19 , 2011. 26 27 28 G:\PRO-SE\WHA\HC.11\BAYRAMOGLU3074.COA.wpd WILLIAM ALSUP UNITED STATES DISTRICT JUDGE

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