Irias v. Woodford et al

Filing 40

ORDER DENYING CERTIFICATE OF APPEALABILITY. Signed by Judge Lucy H. Koh on 3/14/13. (Attachments: # 1 Certificate/Proof of Service)(mpb, COURT STAFF) (Filed on 3/15/2013)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE NORTHERN DISTRICT OF CALIFORNIA 10 11 12 13 14 15 MARIO A. IRIAS, ) ) Petitioner, ) ) vs. ) ) JEANNE S. WOODFORD, ) ) Respondent. ) ____________________________________) No. C 04-2740 JW (PR) ORDER DENYING CERTIFICATE OF APPEALABILITY 16 17 Petitioner, a state prisoner proceeding pro se, filed a petition for a writ of habeas corpus 18 pursuant to 28 U.S.C. § 2254. On September 28, 2007, the Court denied the petition for writ of 19 habeas corpus. A few years later, in 2011 and 2012, Petitioner filed several letters and requests 20 to reopen the case. (Dkt. Nos. 29-35.) On January 8, 2013, the Court construed Petitioner’s 21 requests as motions for reconsideration, and denied them. On January 24, 2013, Petitioner filed 22 a notice of appeal from the denial of his motions for reconsideration. On March 12, 2013, the 23 Ninth Circuit ordered a limited remand to determine whether a certificate of appealability should 24 issue. 25 Upon review of the record, Petitioner has not shown “that jurists of reason would find it 26 debatable whether the petition states a valid claim of the denial of a constitutional right [or] that 27 jurists of reason would find it debatable whether the district court was correct in its procedural 28 ruling.” Slack v. McDaniel, 529 U.S. 473, 484 (2000). Accordingly, a certificate of Order Denying Certificate of Appealability G:\PRO-SE\SJ.LHK\General Duty\Irias740coaden.wpd 1 2 appealability is DENIED. The Clerk shall serve notice of this order forthwith to the United States Court of Appeal 3 and to the parties. See Fed. R. App. P. 24(a). 4 IT IS SO ORDERED. 3/14/13 DATED: _______________ 5 6 LUCY H. KOH United States District Judge 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Order Denying Certificate of Appealability G:\PRO-SE\SJ.LHK\General Duty\Irias740coaden.wpd 2

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