Martin v. Virga

Filing 25

ORDER by Judge Edward M. Chen Denying 23 Certificate of Appealability. (Attachments: # 1 Certificate of Service). (emcsec, COURT STAFF) (Filed on 2/27/2013)

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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 NORTHERN DISTRICT OF CALIFORNIA 7 8 O. Z. MARTIN, 9 Petitioner, v. 11 For the Northern District of California United States District Court 10 No. C-12-1351 EMC (pr) TIM VIRGA, Warden, 12 ORDER DENYING CERTIFICATE OF APPEALABILITY Respondent. ___________________________________/ 13 14 15 Petitioner's request for a certificate of appealability, see 28 U.S.C. ยง 2253(c), is DENIED. 16 (Docket # 23.) This is not a case in which "jurists of reason would find it debatable whether the 17 petition states a valid claim of the denial of a constitutional right and that jurists of reason would 18 find it debatable whether the district court was correct in its procedural ruling." Slack v. McDaniel, 19 529 U.S. 473, 484 (2000). 20 21 IT IS SO ORDERED. 22 23 Dated: February 27, 2013 24 25 26 27 28 _________________________ EDWARD M. CHEN United States District Judge

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