Haden v. Martel et al

Filing 8

ORDER by Judge Edward M. Chen Denying 6 Certificate of Appealability. (Attachments: # 1 Certificate of Service). (emcsec, COURT STAFF) (Filed on 4/3/2012)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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STEVEN HADEN,

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Petitioner,

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v.

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For the Northern District of California

United States District Court

No. C-11-4799 EMC (pr)

MICHAEL MARTEL, Warden, et al.,

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ORDER DENYING CERTIFICATE OF
APPEALABILITY

Respondents.
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Petitioner filed this action pursuant to 28 U.S.C. § 2254 to challenge the sentence imposed

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for his 1998 spousal abuse conviction from the San Mateo County Superior Court. His earlier

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habeas petition challenging that conviction, Haden v. Hubbard, No. C 01-20404 JF, was denied in

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2004. The Court dismissed the present action without prejudice to Petitioner filing a new action

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after he obtains permission from the U.S. Court of Appeals for the Ninth Circuit to file a second or

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successive petition.

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Petitioner has filed a notice of appeal and application for a certificate of appealability.

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See 28 U.S.C. § 2253(c). The application for a certificate of appealability is DENIED. (Docket #

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6.) This is not a case in which "jurists of reason would find it debatable whether the petition states a

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valid claim of the denial of a constitutional right and that jurists of reason would find it debatable

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whether the district court was correct in its procedural ruling." Slack v. McDaniel, 529 U.S. 473,

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484 (2000). The Clerk shall forward to the Court of Appeals the case file with this Order. See

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United States v. Asrar, 116 F.3d 1268, 1270 (9th Cir. 1997).

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IT IS SO ORDERED.

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Dated: April 3, 2012

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_________________________
EDWARD M. CHEN
United States District Judge

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For the Northern District of California

United States District Court

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