Inostroz v. Martinez

Filing 23

ORDER by Judge Haywood S. Gilliam, Jr. DENYING ( 20 , 22 )CERTIFICATE OF APPEALABILITY; DENYING 18 LEAVE TO PROCEED IN FORMA PAUPERIS ON APPEAL. (Attachments: # 1 Certificate/Proof of Service)(ndrS, COURT STAFF) (Filed on 4/29/2020)

Case 4:17-cv-05577-HSG Document 23 Filed 04/29/20 Page 1 of 2

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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MIGUEL CARDONA INOSTROZ,
Petitioner,

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v.

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LAURA ELDRIDGE,1
Respondent.

United States District Court
Northern District of California

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Case No. 17-cv-05577-HSG
ORDER DENYING CERTIFICATE OF
APPEALABILITY; DENYING LEAVE
TO PROCEED IN FORMA PAUPERIS
ON APPEAL
Re: Dkt. Nos. 18, 20, 22

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Petitioner, a pro se prisoner, filed this action for a writ of habeas corpus pursuant to 28

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U.S.C. § 2254. On January 21, 2020, the Court denied the habeas petition, denied a certificate of

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appealability and entered judgment in favor of respondent. Dkt. Nos. 11, 12. Now pending before

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the Court are petitioner’s requests for a certificate of appealability (Dkt. Nos. 20, 22) and

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petitioner’s request for leave to proceed in forma pauperis on appeal (Dkt. No. 18). A certificate

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of appealability is DENIED for the same reasons set forth in the Court’s January 21, 2020 order

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denying the habeas petition. Petitioner has not made a substantial showing that a reasonable jurist

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would find the denial of his petition debatable or wrong. Slack v. McDaniel, 529 U.S. 473, 484

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(2000). Because the Court has denied a certificate of appealability, the Court will also deny leave

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to proceed in forma pauperis on appeal. Dkt. No. 18. The Clerk shall process the appeal and

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forward a copy of this order to the United States Court of Appeals.

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Laura Eldridge, the current warden of the prison where petitioner is incarcerated, has been
substituted as respondent pursuant to Rule 25(d) of the Federal Rules of Civil Procedure.

Case 4:17-cv-05577-HSG Document 23 Filed 04/29/20 Page 2 of 2

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This order terminates Dkt. Nos. 18, 20, 22.

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IT IS SO ORDERED.

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Dated: 4/29/2020
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HAYWOOD S. GILLIAM, JR.
United States District Judge

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United States District Court
Northern District of California

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