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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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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MATTHEW AARON BROWN,
Petitioner,

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United States District Court
Northern District of California

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Case No. 17-cv-03948-JD

ORDER DENYING
CERTIFICATE OF
APPEALABILITY

v.
PARAMO,
Respondent.

Re: Dkt. No. 21

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Petitioner’s habeas petition was denied on the merits and a certificate of appealability was

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denied. Petitioner filed a motion to alter or amend the judgement that was also denied. The Ninth

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Circuit remanded the case for the limited purpose of granting or denying a certificate of

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appealability with respect to the motion to alter or amend the judgment. See Lynch v. Blodgett,

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999 F.2d 401, 403 (9th Cir. 1993) (certificate of probable cause to appeal necessary to appeal

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denial of post-judgment motion for relief under Rule 60(b)).

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The Court grants a certificate of appealability “only if the applicant has made a substantial

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showing of the denial of a constitutional right,” 28 U.S.C. § 2253(c)(2), and the certificate must

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indicate which issues satisfy this standard. Id. § 2253(c)(3). “Where a district court has rejected

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the constitutional claims on the merits, the showing required to satisfy § 2253(c) is

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straightforward: [t]he petitioner must demonstrate that reasonable jurists would find the district

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

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473, 484 (2000).

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Petitioner sought to bring an entirely new claim, and stated that he only recently learned

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the factual predicate of the claim. Petitioner provided no specific details supporting his assertion

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of newly discovered evidence to warrant reopening the case. A certificate of appealability

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(Docket No. 21) is DENIED for the motion to alter or amend the judgment. The Clerk shall

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forward this order to the Ninth Circuit in Case No. 18-17363.

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IT IS SO ORDERED.
Dated: January 7, 2019

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JAMES DONATO
United States District Judge

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United States District Court
Northern District of California

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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MATTHEW AARON BROWN,

Case No. 17-cv-03948-JD

Plaintiff,
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v.

CERTIFICATE OF SERVICE

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PARAMO,
Defendant.

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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

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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.

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Matthew Aaron Brown ID: AW-1636
R.J. Donovan Correctional Facility D-19-127
480 Alta Rd.
San Diego, CA 92179

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Dated: January 7, 2019

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Susan Y. Soong
Clerk, United States District Court

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By:________________________
LISA R. CLARK, Deputy Clerk to the
Honorable JAMES DONATO

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