Bryant v. United States of America

Filing 18

ORDER DENYING PETITION FOR WRIT OF HABEAS CORPUS; AND DENYING CERTIFICATE OF APPEALABILITY re 1 Petition for Writ of Habeas Corpus filed by Michelle Bryant. Signed by Judge Yvonne Gonzalez Rogers on 11/16/2020. (fs, COURT STAFF) (Filed on 11/16/2020)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)

Case 4:20-cv-02524-YGR Document 18 Filed 11/16/20 Page 1 of 2

1
2
3

UNITED STATES DISTRICT COURT

4

NORTHERN DISTRICT OF CALIFORNIA

5
6

MICHELLE BRYANT,
Petitioner,

7
v.

8
9

W. Z. JENKINS, Warden,

Case No. 20-cv-02524-YGR (PR)
ORDER DENYING PETITION FOR
WRIT OF HABEAS CORPUS; AND
DENYING CERTIFICATE OF
APPEALABILITY

Respondent.

10
11

United States District Court
Northern District of California

Having read and considered the papers filed in connection with this matter and being fully
12
13

informed,1 the Court finds that Petitioner is not entitled to credit toward her sentence for time

14

spent in pretrial home confinement. See 18 U.S.C. § 3585(b); Reno v. Koray, 515 U.S. 50 (1995);

15

Winkleman v. Hayes, No. C 94–3770, 1995 WL 688648 (N.D. Cal. Nov. 9, 1995). Accordingly,

16

the petition is DENIED and no writ of habeas corpus shall issue.

17
18
19

No certificate of appealability is warranted in this case. See Rule 11(a) of the Rules
Governing Section 2254 Cases. Petitioner has not made “a substantial showing of the denial of a
constitutional right.” 28 U.S.C. § 2253(c)(2). Nor has Petitioner demonstrated that “reasonable

20
21

jurists would find the district court’s assessment of the constitutional claims debatable or wrong.”

22

Slack v. McDaniel, 529 U.S. 473, 484 (2000). Petitioner may not appeal the denial of a Certificate

23

of Appealability in this Court but may seek a certificate from the Court of Appeals under Rule 22

24

of the Federal Rules of Appellate Procedure. See Rule 11(a) of the Rules Governing Section 2254

25

Cases.

26
27
28

1

Even though Petitioner was given the opportunity to do so, she has not filed a traverse,
and the time frame for doing so has passed.

Case 4:20-cv-02524-YGR Document 18 Filed 11/16/20 Page 2 of 2

1

The Clerk of the Court shall terminate all pending motions and close the file.

2

IT IS SO ORDERED.

3

Dated: 11/16/2020

4
5
YVONNE GONZALEZ ROGERS
United States District Judge

6
7
8
9
10

United States District Court
Northern District of California

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2