Wilson v. Hedgpeth

Filing 16

ORDER DENYING REQUEST FOR CERTIFICATE OF APPEALABILITY re 15 USCA Order. Signed by Judge Yvonne Gonzalez Rogers on 1/30/2014. (Attachments: # 1 Certificate/Proof of Service)(fs, COURT STAFF) (Filed on 1/30/2014)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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Northern District of California

United States District Court

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ANTHONY ROSIER WILSON,

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Case No.: 11-CV-06479 YGR

Petitioner,
ORDER DENYING REQUEST FOR
CERTIFICATE OF APPEALABILITY

v.
ANTHONY HEDGPETH, Warden, Salinas Valley
State Prison,
Respondent.

On December 20, 2011, Anthony Rosier Wilson petitioned this Court for a writ of habeas

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corpus pursuant to 28 U.S.C. § 2254. On December 16, 2013, the Court denied Wilson's petition.

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(Dkt. No. 9.) On January 15, 2014, Wilson filed a notice of appeal with the Ninth Circuit. (Dkt. No.

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11.) On January 27, 2014, the Ninth Circuit construed Wilson's notice of appeal as a request for a

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certificate of appealability and remanded Wilson's case to this Court for the limited purpose of

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granting or denying such certificate. (Dkt. No. 15; see also 28 U.S.C. § 2253(c); Fed. R. App. P.

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22(b); United States v. Asrar, 116 F.3d 1268, 1270 (9th Cir. 1997).)

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The Court DENIES the petitioner's request for a certificate of appealability because Wilson has

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not made "a substantial showing of the denial of a constitutional right." 28 U.S.C. § 2253(c)(2). The

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Court denied Wilson's habeas petition after careful consideration of the merits. The Court found no

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violation of Wilson's federal constitutional rights in the underlying state court proceedings. Nor has

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Wilson demonstrated that "reasonable jurists would find the district court's assessment of the

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constitutional claims debatable or wrong." Slack v. McDaniel, 529 U.S. 473, 484 (2000). Petitioner

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may seek a certificate of appealability from the Court of Appeals.

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The Clerk shall forward to the Ninth Circuit this case's record, along with this Order.

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IT IS SO ORDERED.

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Date: January 30, 2014

_______________________________________
YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE

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Northern District of California

United States District Court

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