Yancey v. Woodford et al

Filing 24

ORDER DENYING CERTIFICATE OF APPEALABILITY. Signed by Judge Jeremy Fogel on 3/16/09. (jflc2, COURT STAFF) (Filed on 3/16/2009)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 On April 21, 2008, Petitioner filed a notice of appeal from this Court's judgment. Petitioner did not file a motion for a certificate of appealability. The record was transmitted to v. JEANNE S. WOODFORD, et al., Respondents. MICHAEL J. YANCEY, Petitioner, Case Number C 05-1028 JF ORDER DENYING CERTIFICATE OF APPEALABILITY IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION **E-Filed 3/16/09** the Court of Appeals. On September 29, 2008, the Court of Appeals remanded the case to this Court for the limited purpose of granting or denying a certificate of appealability. "Where a district court has rejected the constitutional claims on the merits, the showing required to satisfy 2253(c) is straightforward: The petitioner must demonstrate that reasonable jurists would find the district court's assessment of the constitutional claims debatable or wrong." Slack v. McDaniel, 529 U.S. 473, 484 (2000). The Court denied the instant habeas p e titio n after careful consideration of the merits. The Court found no violation of P e titio n e r' s federal constitutional rights in the underlying state court proceedings. Petitioner has failed to demonstrate that jurists of reason would find it debatable whether C a s e No. C 05-1028 JF O R D E R DENYING CERTIFICATE OF APPEALABILITY ( JF L C 2 ) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 th is Court was correct in its ruling. Accordingly, a certificate of appealability is DENIED in this case. T h e clerk shall forward to the Ninth Circuit Court of Appeals the case file with this o rd e r. See Fed. R. App. P. 22(b). IT IS SO ORDERED. DATED: 3/16/09 __________________________________ JEREMY FOGEL United States District Judge 2 C a s e No. C 05-1028 JF O R D E R DENYING CERTIFICATE OF APPEALABILITY ( JF L C 2 ) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Copies of Order served on: Dennis Patrick Riordan dennis@Riordan-Horgan.com Donald Meredith Horgan don@riordan-horgan.com Dorian Jung dorian.jung@doj.ca.gov, delia.desuyo@doj.ca.gov, DocketingSFAWT@doj.ca.gov, ECFCoordinator@doj.ca.gov, maricris.argarin@doj.ca.gov, sandee.agustin@doj.ca.gov 3 C a s e No. C 05-1028 JF O R D E R DENYING CERTIFICATE OF APPEALABILITY ( JF L C 2 )

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