Whitehead v. Hedgpeth

Filing 33

ORDER by Judge Edward M. Chen Denying Certificate of Appealability, and Granting 32 Petitioner's Application to Proceed In Forma Pauperis. (emcsec, COURT STAFF) (Filed on 10/22/2013)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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CURTIS WHITEHEAD,

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Petitioner,
v.

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For the Northern District of California

United States District Court

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ANTHONY HEDGPETH, Warden,

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Respondent.
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No. C-12-3487 EMC
ORDER DENYING CERTIFICATE OF
APPEALABILITY, AND GRANTING
PETITIONER’S APPLICATION TO
PROCEED IN FORMA PAUPERIS
(Docket No. 32)

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Petitioner filed a notice of appeal. A certificate of appealability will not issue. See 28

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U.S.C. § 2253(c); Fed. R. App. P. 22(b)(1). This is not a case in which “jurists of reason would find

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it 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).

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Petitioner’s application to proceed in forma pauperis is GRANTED.

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This order disposes of Docket No. 32.

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IT IS SO ORDERED.

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Dated: October 22, 2013
_________________________
EDWARD M. CHEN
United States District Judge