Young v. Montgomery

Filing 24

ORDER DENYING CERTIFICATE OF APPEALABILITY 23 . (Illston, Susan) (Filed on 3/9/2017)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 BRIAN K. YOUNG, Petitioner, 8 9 10 United States District Court Northern District of California 11 Case No. 15-cv-04780-SI ORDER DENYING CERTIFICATE OF APPEALABILITY v. W. L. MONTGOMERY, Re: Dkt. No. 23 Respondent. 12 13 Petitioner has applied for a certificate of appealability so that he may appeal from the order 14 denying his petition for writ of habeas corpus. See 28 U.S.C. § 2253(c). This is not a case in 15 which “reasonable jurists would find the district court’s assessment of the constitutional claims 16 debatable or wrong.” Slack v. McDaniel, 529 U.S. 473, 484 (2000). The application for a 17 certificate of appealability therefore is DENIED. Docket No. 23. 18 19 20 21 22 23 24 25 26 27 28 IT IS SO ORDERED. Dated: March 9, 2017 ______________________________________ SUSAN ILLSTON United States District Judge

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