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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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 NORTHERN DISTRICT OF CALIFORNIA 7 8 LANYARD LEMONT BERRY, 9 Petitioner, v. 11 For the Northern District of California United States District Court 10 No. C-12-2210 EMC (pr) MAGGIE MILLER-STOUT, 12 ORDER DENYING CERTIFICATE OF APPEALABILITY Respondent. ___________________________________/ 13 14 Petitioner has filed a notice of appeal, which the Court construes to also request a certificate 15 of appealability. See 28 U.S.C. § 2253(c); Fed. R. App. P. 22(b). A certificate of appealability will 16 not issue. See 28 U.S.C. § 2253(c). This is not a case in which "jurists of reason would find it 17 debatable whether the petition states a valid claim of the denial of a constitutional right and that 18 jurists of reason would find it debatable whether the district court was correct in its procedural 19 ruling." Slack v. McDaniel, 529 U.S. 473, 484 (2000). 20 21 22 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. 23 24 Dated: June 11, 2012 25 26 27 28 _________________________ EDWARD M. CHEN United States District Judge

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