Ortega v. Haviland

Filing 13

ORDER by Judge Claudia Wilken granting in part and denying in part 9 Motion for Certificate of Appealability (cwlc1, COURT STAFF) (Filed on 8/25/2010)

Ortega v. Haviland

Doc. 13

1 2 3 4 5 6 7 8 9 10 United United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Petitioner Armondo Gibb Ortega has filed a Notice of Appeal and a request for a certificate of appealability of two of the three clams raised in his petition for a writ of habeas corpus. Pursuant to 28 U.S.C. § 2253(c)(1)(A), an appeal of the final order in a habeas corpus proceeding may not proceed unless a certificate of appealability is issued. A certificate of appealability may v. JOHN W. HAVILAND, Warden, Respondent. / IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA ARMONDO GIBB ORTEGA, Petitioner, No. 09-02556 CW ORDER GRANTING, IN PART, CERTIFICATE OF APPEALABILITY (Docket Number 9)

issue only if the petitioner has made a substantial showing of the denial of a constitutional right. 28 U.S.C. § 2253(c)(2); see

also, Slack v. McDaniel, 529 U.S. 473, 483 (2000) (certificate of appealability may issue if petitioner shows "jurists of reason would find it debatable whether the petition states a valid claim of the denial of a constitutional right . . ."). The certificate

of appealability must specify which issue or issues satisfies the showing required by § 2253(c)(2). See 28 U.S.C. § 2253(c)(3).

Dockets.Justia.com

1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

The Court certifies in accordance with 28 U.S.C. § 2253 that Petitioner has made a substantial showing of the denial of a constitutional right in regard to his first claim: denial of his Sixth Amendment right to counsel. However, for the reasons set

forth in the order denying the petition, Petitioner has not made a substantial showing of the denial of a constitutional right in regard to his second claim: that he was penalized for exercising his right to trial. Petitioner does not seek a certificate of Accordingly, the certificate of

appealability on his third claim. appealability is granted, in part.

IT IS SO ORDERED.

Dated: August 25, 2010

CLAUDIA WILKEN United States District Judge

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