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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1 2 3 UNITED STATES DISTRICT COURT 4 FOR THE NORTHERN DISTRICT OF CALIFORNIA 5 OAKLAND DIVISION 6 BRANDY PITTMAN, Case No: C 11-3443 SBA 7 Petitioner, 8 ORDER DENYING CERTIFICATE OF APPEALABILITY vs. 9 UNITED STATES OF AMERICA, 10 Respondent. 11 12 13 The Court has construed Petitioner’s motion brought under 28 U.S.C. 2255 as a 14 petition under 28 U.S.C. § 2241 because it purported to challenge the execution, as opposed 15 to legality, of her sentence. The Court dismissed the petition for failure to exhaust 16 administrative remedies. Where, as here, the Court denies a habeas petition on procedural 17 grounds without reaching the merits, a certificate of appealibility should issue only if the 18 prisoner demonstrates that reasonable jurists would find it debatable whether the court was 19 correct in its procedural ruling, and that reasonable jurists would find it debatable whether 20 the petition states a valid claim for the denial of a constitutional right. Slack v. McDaniel, 21 529 U.S. 473, 484-85 (2000). Upon review of the record presented, the Court finds that 22 Petitioner has failed to make either showing. Accordingly, a certificate of appealability is 23 DENIED. 24 25 26 27 28 IT IS SO ORDERED. Dated: 9/4/14 ______________________________ SAUNDRA BROWN ARMSTRONG United States District Judge

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