Butts v. Cate

Filing 8

ORDER denying certificate of appealability. Signed by Judge Thelton E. Henderson on 04/16/12. (tehlc3, COURT STAFF) (Filed on 4/16/2012)

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1 IN THE UNITED STATES DISTRICT COURT 2 FOR THE NORTHERN DISTRICT OF CALIFORNIA 3 4 5 HAROLD BUTTS, JR., 6 7 8 NO. C11-5758 TEH Petitioner, ORDER DENYING CERTIFICATE OF APPEALABILITY v. MATTHEW CATE, 9 Respondent. 11 For the Northern District of California United States District Court 10 Having denied Petitioner’s request for habeas relief, this Court must issue or deny a 12 certificate of appealability pursuant to Rule 11(a) of the Rules Governing Section 2254 13 Cases. The Court DENIES a certificate of appealability because Petitioner has failed to 14 make a “substantial showing of the denial of a constitutional right” on any of his claims. 15 28 U.S.C. § 2253(c)(2); see also Slack v. McDaniel, 529 U.S. 473, 483-84 (2000) (explaining 16 that an applicant satisfies this standard where he or she shows that reasonable jurists could 17 find the issues debatable or that the issues are “adequate to deserve encouragement to 18 proceed further”) (quoting Barefoot v. Estelle, 463 U.S. 880, 893 n.4 (1983)). Petitioner may 19 not appeal the denial of a certificate of appealability “but may seek a certificate from the 20 court of appeals under Federal Rule of Appellate Procedure 22.” Rule 11(a) of the Rules 21 Governing Section 2254 Cases. 22 23 IT IS SO ORDERED. 24 25 Dated: 04/16/12 26 27 28 THELTON E. HENDERSON, JUDGE UNITED STATES DISTRICT COURT

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