Lopez v. Muniz

Filing 40

ORDER DENYING CERTIFICATE OF APPEALABILITY. Signed by Judge Alsup on 9/4/2019. (whalc1, COURT STAFF) (Filed on 9/4/2019)

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1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE NORTHERN DISTRICT OF CALIFORNIA 8 9 United States District Court For the Northern District of California 10 ORLANDO LOPEZ, Petitioner, 11 12 13 No. C 17-03390 WHA v. WILLIAM MUNIZ, Warden of Salinas Valley State Prison, ORDER DENYING CERTIFICATE OF APPEALABILITY 14 Respondent. 15 16 17 18 19 20 21 22 / On August 9, petitioner’s habeas petition was denied. Petitioner filed a notice of appeal on August 13. On August 26, the United States Court of Appeals for the Ninth Circuit remanded to the district court for the limited purpose of granting or denying a certificate of appealability (Dkt. Nos. 35, 37, 39). A certificate of appealability will not issue because reasonable jurists would not “find the district court’s assessment of the constitutional claims debatable or wrong.” Slack v. McDaniel, 529 U.S. 473, 484 (2000). IT IS SO ORDERED. 23 24 25 26 27 28 Dated: September 4, 2019. WILLIAM ALSUP UNITED STATES DISTRICT JUDGE

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