Terrell v. Runnels

Filing 26

ORDER by Judge ARMSTRONG denying 21 Motion for Certificate of Appealability; granting 23 Motion for Leave to Proceed in forma pauperis (lrc, COURT STAFF) (Filed on 12/4/2009)

1 2 3 4 5 6 7 8 9 10

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA CLIFTON JAMES TERRELL, JR., ) ) Petitioner, ) v. ) ) D.L. RUNNELS, ) ) Respondent. ) __________________________________________ ) No. C 07-1457 SBA (pr) ORDER DENYING REQUEST FOR CERTIFICATE OF APPEALABILITY; GRANTING REQUEST TO PROCEED IN FORMA PAUPERIS ON APPEAL

Petitioner's habeas petition challenging his 2005 conviction in the state courts was denied on its merits. Petitioner has filed a notice of appeal and a request for certificate of appealability. He also moves for leave to proceed in forma pauperis on appeal. Petitioner has not shown "that jurists of reason would find it debatable whether the petition states a valid claim of the denial of a constitutional right." Slack v. McDaniel, 529 U.S. 473, 484 (2000). Accordingly, the request for a certificate of appealability is DENIED. Good cause appearing, Petitioner's request for leave to proceed in forma pauperis on appeal is GRANTED. The Clerk shall forward this order, along with the case file, to the United States Court of Appeals for the Ninth Circuit, from which Petitioner may also seek a certificate of appealability. See United States v. Asrar, 116 F.3d 1268, 1270 (9th Cir. 1997). This Order terminates Docket nos. 21 and 23. IT IS SO ORDERED.

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

DATED: 12/3/09

_______________________________ SAUNDRA BROWN ARMSTRONG United States District Judge

P:\PRO-SE\SBA\HC.06\Hayles6909.denyCOA.wpd

1 2 3 4 5 6 7 8 9 10 v. D.L. RUNNELS et al, Defendant. / CLIFTON JAMES TERRELL JR, Plaintiff, Case Number: CV07-01457 SBA CERTIFICATE OF SERVICE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

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

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 December 4, 2009, 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.

Clifton J. Terrell V79508 Corcoran State Prison P.O. Box 3461 Corcoran, CA 93212 Dated: December 4, 2009

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

P:\PRO-SE\SBA\HC.06\Hayles6909.denyCOA.wpd

2