Rhodes v. Clark

Filing 21

ORDER by Judge Saundra Brown Armstrong DENYING 19 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 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA TROY ANTHONY RHODES, ) ) Petitioner, ) v. ) ) DERRAL G. ADAMS, Warden, ) ) Respondent. ) __________________________________________ ) No. C 06-7316 SBA (PR) ORDER DENYING PETITIONER'S REQUEST FOR A COA (Docket no. 19)

United States District Court

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For the Northern District of California

Petitioner has filed 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. 19) 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. 19. IT IS SO ORDERED. DATED: 3/9/10 _______________________________ SAUNDRA BROWN ARMSTRONG United States District Judge

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1 2 3 4 5 6 7 8 9 10 v. KEN CLARK et al, Defendant. / UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA TROY A RHODES, Case Number: CV06-07316 SBA Plaintiff, CERTIFICATE OF SERVICE

United States District Court

11
For the Northern District of California

12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Troy Anthony Rhodes SATF Prisoner #:P-86788/1-D-141L California State Prison-Corcoran P.O. Box 5242 Corcoran, CA 93212 Dated: March 10, 2010

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.

Richard W. Wieking, Clerk By: LISA R CLARK, Deputy Clerk

P:\PRO-SE\SBA\HC.06\Rhodes7316.denyCOA.frm

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