King v. Frauenheim

Filing 39

ORDER DENYING CERTIFICATE OF APPEALABILITY AND GRANTING PAUPER STATUS FOR APPEAL 37 38 . (Illston, Susan) (Filed on 9/16/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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JAMES EDWARD KING,

Case No. 14-cv-05267-SI

Petitioner,
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v.
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SCOTT FRAUENHEIM,
Respondent.

ORDER DENYING CERTIFICATE OF
APPEALABILITY AND GRANTING
PAUPER STATUS FOR APPEAL
Re: Dkt. Nos. 37, 38

United States District Court
Northern District of California

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Petitioner has filed a notice of appeal and a request for a certificate of appealability. See

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28 U.S.C. § 2253(c). This is not a case in which “reasonable jurists would find the district court’s

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assessment of the constitutional claims debatable or wrong.” Slack v. McDaniel, 529 U.S. 473,

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484 (2000). Accordingly, the request for a certificate of appealability is DENIED. Dkt. No. 37.

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Petitioner’s request to proceed in forma pauperis on appeal is GRANTED. Dkt. No. 38.

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IT IS SO ORDERED.

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Dated: September 16, 2016
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SUSAN ILLSTON
United States District Judge