Jameson v. Yates

Filing 29

ORDER DENYING request for Certificate of Appealability. Signed by Judge ARMSTRONG on 3/2/10. (lrc, COURT STAFF) (Filed on 3/3/2010) Modified on 3/4/2010 (kc, COURT STAFF).

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA BARRY SIMON JAMESON, ) No. C 07-03160 SBA (PR) ) Petitioner, ) ORDER DENYING PETITIONER'S v. ) REQUEST FOR A COA ) JAMES A. YATES, Warden, ) ) Respondent. ) __________________________________________ ) Petitioner has filed notice of appeal following the Court's dismissal of his petition for a writ of habeas corpus. Petitioner did not file a motion for a certificate of appealability (COA); therefore, the Court will construe his notice of appeal as a request for a COA. See United States v. Asrar, 116 F.3d 1268, 1270 (9th Cir. 1997) ("If no express request is made for a certificate of appealability, the notice of appeal shall be deemed to constitute a request for a certificate.") Petitioner's request for a COA (docket no. 26) 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). IT IS SO ORDERED. DATED: 3/2/10 _______________________________ SAUNDRA BROWN ARMSTRONG United States District Judge

United States District Court

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For the Northern District of California

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UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA BARRY SIMON JAMESON, Case Number: CV07-03160 SBA Plaintiff, CERTIFICATE OF SERVICE v. JAMES A. YATES et al, Defendant. /

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 3, 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.

Barry Simon Jameson CDCR # C88511 Pleasant Valley State Prison Post Office Box 8502 Coalinga, CA 93210-8502 Dated: March 3, 2010 Richard W. Wieking, Clerk By: LISA R CLARK, Deputy Clerk

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