Berry v. Miller-Stout

Filing 8

ORDER Denying Certificate of Appealability. Signed by Judge Edward M. Chen on 6/11/2012. (Attachments: # 1 Certificate of Service). (emcsec, COURT STAFF) (Filed on 6/11/2012)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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LANYARD LEMONT BERRY,

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Petitioner,
v.

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For the Northern District of California

United States District Court

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No. C-12-2210 EMC (pr)

MAGGIE MILLER-STOUT,

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ORDER DENYING CERTIFICATE OF
APPEALABILITY

Respondent.
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Petitioner has filed a notice of appeal, which the Court construes to also request a certificate

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of appealability. See 28 U.S.C. § 2253(c); Fed. R. App. P. 22(b). A certificate of appealability will

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not issue. See 28 U.S.C. § 2253(c). This is not a case in which "jurists of reason would find it

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debatable whether the petition states a valid claim of the denial of a constitutional right and that

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jurists of reason would find it debatable whether the district court was correct in its procedural

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ruling." Slack v. McDaniel, 529 U.S. 473, 484 (2000).

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The Clerk shall forward to the Court of Appeals the case file with this order. See United
States v. Asrar, 116 F.3d 1268, 1270 (9th Cir. 1997).
IT IS SO ORDERED.

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Dated: June 11, 2012

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_________________________
EDWARD M. CHEN
United States District Judge