Brown v. Paramo

Filing 27

ORDER DENYING CERTIFICATE OF APPEALABILITY re 21 MOTION to Amend/Correct 19 Order, 20 Judgment, Terminated Case filed by Matthew Aaron Brown. Signed by Judge James Donato on 1/7/19. (lrcS, COURT STAFF) (Filed on 1/7/2019)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 MATTHEW AARON BROWN, Petitioner, 8 9 10 United States District Court Northern District of California 11 Case No. 17-cv-03948-JD ORDER DENYING CERTIFICATE OF APPEALABILITY v. PARAMO, Respondent. Re: Dkt. No. 21 12 13 Petitioner’s habeas petition was denied on the merits and a certificate of appealability was 14 denied. Petitioner filed a motion to alter or amend the judgement that was also denied. The Ninth 15 Circuit remanded the case for the limited purpose of granting or denying a certificate of 16 appealability with respect to the motion to alter or amend the judgment. See Lynch v. Blodgett, 17 999 F.2d 401, 403 (9th Cir. 1993) (certificate of probable cause to appeal necessary to appeal 18 denial of post-judgment motion for relief under Rule 60(b)). 19 The Court grants a certificate of appealability “only if the applicant has made a substantial 20 showing of the denial of a constitutional right,” 28 U.S.C. § 2253(c)(2), and the certificate must 21 indicate which issues satisfy this standard. Id. § 2253(c)(3). “Where a district court has rejected 22 the constitutional claims on the merits, the showing required to satisfy § 2253(c) is 23 straightforward: [t]he petitioner must demonstrate that reasonable jurists would find the district 24 court’s assessment of the constitutional claims debatable or wrong.” Slack v. McDaniel, 529 U.S. 25 473, 484 (2000). 26 Petitioner sought to bring an entirely new claim, and stated that he only recently learned 27 the factual predicate of the claim. Petitioner provided no specific details supporting his assertion 28 of newly discovered evidence to warrant reopening the case. A certificate of appealability 1 (Docket No. 21) is DENIED for the motion to alter or amend the judgment. The Clerk shall 2 forward this order to the Ninth Circuit in Case No. 18-17363. 3 4 IT IS SO ORDERED. Dated: January 7, 2019 5 6 JAMES DONATO United States District Judge 7 8 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 1 UNITED STATES DISTRICT COURT 2 NORTHERN DISTRICT OF CALIFORNIA 3 4 MATTHEW AARON BROWN, Case No. 17-cv-03948-JD Plaintiff, 5 v. CERTIFICATE OF SERVICE 6 7 PARAMO, Defendant. 8 9 10 I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. United States District Court Northern District of California 11 12 13 14 15 That on January 7, 2019, I SERVED a true and correct copy(ies) of the attached, by placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle located in the Clerk's office. 16 17 18 Matthew Aaron Brown ID: AW-1636 R.J. Donovan Correctional Facility D-19-127 480 Alta Rd. San Diego, CA 92179 19 20 21 Dated: January 7, 2019 22 23 Susan Y. Soong Clerk, United States District Court 24 25 26 27 By:________________________ LISA R. CLARK, Deputy Clerk to the Honorable JAMES DONATO 28 3

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