Pittman v. United States of America

Filing 27

ORDER DENYING CERTIFICATE OF APPEALABILITY. Signed by Judge Saundra Brown Armstrong on 9/4/2014. (Attachments: # 1 Certificate/Proof of Service)(ndr, COURT STAFF) (Filed on 9/4/2014)

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UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

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BRANDY PITTMAN,

Case No: C 11-3443 SBA

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Petitioner,
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ORDER DENYING CERTIFICATE
OF APPEALABILITY

vs.
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UNITED STATES OF AMERICA,
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Respondent.

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The Court has construed Petitioner’s motion brought under 28 U.S.C. 2255 as a

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petition under 28 U.S.C. § 2241 because it purported to challenge the execution, as opposed

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to legality, of her sentence. The Court dismissed the petition for failure to exhaust

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administrative remedies. Where, as here, the Court denies a habeas petition on procedural

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grounds without reaching the merits, a certificate of appealibility should issue only if the

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prisoner demonstrates that reasonable jurists would find it debatable whether the court was

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correct in its procedural ruling, and that reasonable jurists would find it debatable whether

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the petition states a valid claim for the denial of a constitutional right. Slack v. McDaniel,

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529 U.S. 473, 484-85 (2000). Upon review of the record presented, the Court finds that

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Petitioner has failed to make either showing. Accordingly, a certificate of appealability is

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DENIED.

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IT IS SO ORDERED.
Dated: 9/4/14

______________________________
SAUNDRA BROWN ARMSTRONG
United States District Judge