Parnell v. Evans

Filing 30

ORDER by Judge Saundra Brown Armstrong DENYING 28 Motion for Certificate of Appealability (lrc, COURT STAFF) (Filed on 3/10/2010) Modified on 3/11/2010 (jlm, COURT STAFF).

1 2 3 4 5 6 7 8 9 10 ARTHUR PARNELL, III, ) ) Petitioner, ) v. ) ) MIKE EVANS, Warden, ) ) Respondent. ) _________________________________________ ) No. C 05-4324 SBA (PR) ORDER DENYING PETITIONER'S REQUEST FOR A COA (Docket no. 28) IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

United States District Court

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For the Northern District of California

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Petitioner has filed notice of appeal and a request for a certificate of appealability under 28 U.S.C. § 2253(c) and Federal Rule of Appellate Procedure 22(b) following the Court's dismissal of his petition for a writ of habeas corpus as untimely. Petitioner's request for a certificate of appealability (docket no. 28) is DENIED. Petitioner has not demonstrated that "jurists of reason would find it debatable whether the petition states a valid claim of the denial of a constitutional right and that jurists of reason would find it debatable whether the district court was correct in its procedural ruling." Slack v. McDaniel, 529 U.S. 473, 484 (2000). The Clerk of the Court shall forward to the Ninth Circuit Court of Appeals the case file with this Order. See United States v. Asrar, 116 F.3d 1268, 1270 (9th Cir. 1997). This Order terminates Docket no. 28. IT IS SO ORDERED. DATED: 3/8/10 _______________________________ SAUNDRA BROWN ARMSTRONG United States District Judge

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1 2 3 4 5 6 7 8 9 10 v. EVANS et al, Defendant. / PARNELL, Case Number: CV05-04324 SBA Plaintiff, CERTIFICATE OF SERVICE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

United States District Court

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For the Northern District of California

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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. That on March 10, 2010, 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.

Arthur Parnell T50222 Salinas Valley State Prison P.O. Box 1050 Soledad, CA 93960-1050 Dated: March 10, 2010 Richard W. Wieking, Clerk By: LISA R CLARK, Deputy Clerk

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