Berry v. Miller-Stout
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)
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
LANYARD LEMONT BERRY,
For the Northern District of California
United States District Court
No. C-12-2210 EMC (pr)
ORDER DENYING CERTIFICATE OF
Petitioner has filed a notice of appeal, which the Court construes to also request a certificate
of appealability. See 28 U.S.C. § 2253(c); Fed. R. App. P. 22(b). A certificate of appealability will
not issue. See 28 U.S.C. § 2253(c). This is not a case in which "jurists of reason would find it
debatable whether the petition states a valid claim of the denial of a constitutional right and that
jurists of reason would find it debatable whether the district court was correct in its procedural
ruling." Slack v. McDaniel, 529 U.S. 473, 484 (2000).
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.
Dated: June 11, 2012
EDWARD M. CHEN
United States District Judge
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