Garrison v. Brown et al

Filing 10

ORDER DENYING ISSUANCE OF A CERTIFICATE OF APPEALABILITY. Signed by Judge Richard Seeborg on 1/28/13. (Attachments: # 1 Appendix Certificate of Service)(cl, COURT STAFF) (Filed on 1/28/2013)

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1 UNITED STATES DISTRICT COURT 2 NORTHERN DISTRICT OF CALIFORNIA 3 4 SAN FRANCISCO DIVISION STEVE Y. GARRISON, 5 6 7 Petitioner, ORDER DENYING ISSUANCE OF A CERTIFICATE OF APPEALABILITY v. JERRY BROWN, et al., 8 Respondents. / 9 United States District Court For the Northern District of California No. C 12-4779 RS (PR) 10 11 This closed federal habeas action is on appeal. The district court action was dismissed 12 because petitioner failed to keep the Court apprised of his current address pursuant to Civil 13 Local Rule 3-11(b) and because he failed to prosecute this matter pursuant to Fed. R. Civ. P. 14 41(b). Although not stated in the order disposing of the district court action, the dismissal 15 was without prejudice. Petitioner may, of course, move to reopen the action. 16 The Court of Appeals has remanded the action to this Court for a determination 17 whether a certificate of appealability should issue. Such certificate shall not issue. Petitioner 18 has not shown “that jurists of reason would find it debatable whether the petition states 19 a valid claim of the denial of a constitutional right and that jurists of reason would find it 20 debatable whether the district court was correct in its procedural ruling.” Slack v. McDaniel, 21 529 U.S. 473, 484 (2000). The Clerk shall send a copy of this order to the Court of Appeals 22 forthwith. 23 24 25 IT IS SO ORDERED. DATED: January 28, 2013 RICHARD SEEBORG United States District Judge 26 27 28 No. C 12-4779 RS (PR) ORDER

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