Castodio v. Grounds

Filing 14

ORDER DENYING REQUESTS FOR RECONSIDERATION AND COA (Illston, Susan) (Filed on 11/20/2013) (Additional attachment(s) added on 11/20/2013: # 1 Certificate/Proof of Service) (tfS, COURT STAFF).

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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United States District Court
For the Northern District of California

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No. C 13-713 SI (pr)

CHAUNCEY CASTODIO,

ORDER DENYING REQUESTS FOR
RECONSIDERATION AND COA

Petitioner,
v.
RANDY GROUNDS, warden,
Respondent.
/

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Petitioner filed this pro se action for a writ of habeas corpus challenging a prison

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disciplinary decision that resulted in a time credit forfeiture. The court denied the petition in an

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order filed on July 21, 2013. Petitioner's request for reconsideration of that order is DENIED.

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(Docket # 13.) He contends that the court improperly relied on 15 Cal. Code Regs. § 3288, but

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fails to note that § 3288 was neither cited to, nor relied upon, in the order.

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Castodio's request for a certificate of appealability is DENIED. (Docket # 13.) This is

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not a case in which "reasonable jurists would find the district court’s assessment of the

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constitutional claims debatable or wrong” in the order denying the petition, or one in which

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

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[rulings]" in this order. Slack v. McDaniel, 529 U.S. 473, 484 (2000); see 28 U.S.C. § 2253(c).

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The denial of the certificate of appealability is without prejudice to petitioner seeking a

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certificate from the United States Court of Appeals for the Ninth Circuit.

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IT IS SO ORDERED.
Dated: November 20, 2013

_______________________
SUSAN ILLSTON
United States District Judge