Alvarez v. Horel et al

Filing 28

ORDER by Judge Saundra Brown Armstrong DENYING 24 Motion for Certificate of Appealability; GRANTING 27 Motion for Leave to Proceed in forma pauperis (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 v. ROBERT HOREL, Acting Warden, Respondent. _________________________________________/ 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. 24) 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). Petitioner's declaration in support of his application shows that he qualifies to proceed in forma pauperis. His application (docket no. 27) is GRANTED. 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 nos. 24 and 27. IT IS SO ORDERED. DATED: 3/8/10 _______________________________ SAUNDRA BROWN ARMSTRONG SERGIO ALVAREZ, Petitioner, No. C 06-4938 SBA (PR) ORDER DENYING PETITIONER'S REQUEST FOR A COA (Docket no. 24) 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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1 2 3 4 5 6 7 8 9 10 v. BOB HOREL, WARDEN et al, Defendant. / UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SERGIO ALVAREZ,

United States District Judge

Case Number: CV06-04938 SBA Plaintiff, CERTIFICATE OF SERVICE

United States District Court

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For the Northern District of California

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P:\PRO-SE\SBA\HC.06\Alvarez4938.denyCOA.frm

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.

Sergio Alvarez K42605 PO Box 7500 D3-114 Crescent City, CA 95532-7500 Dated: March 10, 2010 Richard W. Wieking, Clerk By: LISA R CLARK, Deputy Clerk

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