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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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 8 9 United States District Court For the Northern District of California 10 11 No. C 13-713 SI (pr) CHAUNCEY CASTODIO, ORDER DENYING REQUESTS FOR RECONSIDERATION AND COA Petitioner, v. RANDY GROUNDS, warden, Respondent. / 12 13 Petitioner filed this pro se action for a writ of habeas corpus challenging a prison 14 disciplinary decision that resulted in a time credit forfeiture. The court denied the petition in an 15 order filed on July 21, 2013. Petitioner's request for reconsideration of that order is DENIED. 16 (Docket # 13.) He contends that the court improperly relied on 15 Cal. Code Regs. § 3288, but 17 fails to note that § 3288 was neither cited to, nor relied upon, in the order. 18 Castodio's request for a certificate of appealability is DENIED. (Docket # 13.) This is 19 not a case in which "reasonable jurists would find the district court’s assessment of the 20 constitutional claims debatable or wrong” in the order denying the petition, or one in which 21 "jurists of reason would find it debatable whether the district court was correct in its procedural 22 [rulings]" in this order. Slack v. McDaniel, 529 U.S. 473, 484 (2000); see 28 U.S.C. § 2253(c). 23 The denial of the certificate of appealability is without prejudice to petitioner seeking a 24 certificate from the United States Court of Appeals for the Ninth Circuit. 25 26 27 28 IT IS SO ORDERED. Dated: November 20, 2013 _______________________ SUSAN ILLSTON United States District Judge

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