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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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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United States District Court
For the Northern District of California

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ORLANDO LOPEZ,
Petitioner,

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No. C 17-03390 WHA

v.
WILLIAM MUNIZ, Warden of Salinas Valley
State Prison,

ORDER DENYING
CERTIFICATE OF
APPEALABILITY

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Respondent.
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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.

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Dated: September 4, 2019.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE