Kaser v. State of California et al

Filing 36

ORDER DENYING CERTIFICATE OF APPEALABILITY. Signed by Judge Jeremy Fogel on 7/19/10. (dlm, COURT STAFF) (Filed on 7/26/2010)

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Kaser v. State of California et al Doc. 36 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NOT FOR CITATION IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA ROBERT KASER, Petitioner, vs. STATE OF CALIFORNIA, et al., Respondent. ) ) ) ) ) ) ) ) ) ) ) No. C 05-02458 JF (PR) ORDER DENYING CERTIFICATE OF APPEALABILITY Petitioner, a state prisoner proceeding pro se, filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. 2254, challenging the California Board of Prison Terms' decision denying parole. On March 6, 2008, the Court denied the instant petition on the merits and entered judgment in favor of Respondent. Petitioner filed a notice of appeal and the matter was forwarded to the United States Court of Appeals for the Ninth Circuit. On July 15, 2010, the Ninth Circuit remanded this case for the limited purpose of granting or denying a certificate of appealability. See Hayward v. Marshall, No. 0655392, 2010 WL 1664977, at *5 (9th Cir. Apr. 22, 2010) (en banc) (overruling those portions of White v. Lambert, 370 F.3d 1002, 1004 (9th Cir. 2004), and Rosas v. Nielsen, 428 F.3d 1229, 1231-32 (9th Cir. 2005) (per curiam), that relieved a prisoner from obtaining a certificate of appealability to review the denial of a habeas petition Order Denying COA P:\PRO-SE\SJ.JF\HC.05\Kaser02458_coaden.wpd 1 Dockets.Justia.com 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 challenging an administrative decision denying parole). "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 petition after careful consideration of the merits. The Court found no violation of Petitioner's federal constitutional rights in the administrative decision denying parole. Petitioner has failed to demonstrate that jurists of reason would find it debatable whether this Court was correct in its ruling. Accordingly, a certificate of appealability is DENIED. The clerk shall close the case and forward this order to the Ninth Circuit from which Petitioner may also seek a certificate of appealability. See United States v. Asrar, 116 F.3d 1268, 1270 (9th Cir. 1997). IT IS SO ORDERED. 7/19/10 DATED:________________________ _______________________________ JEREMY FOGEL United States District Judge Order Denying COA P:\PRO-SE\SJ.JF\HC.05\Kaser02458_coaden.wpd 2 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA ROBERT KASER, Petitioner, v. STATE OF CALIFORNIA, et al., Respondent. / Case Number: CV05-02458 JF CERTIFICATE OF SERVICE I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. 7/26/10 , I SERVED a true and correct copy(ies) of the That on attached, by placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle located in the Clerk's office. Robert P. Kaser D-41415 San Quentin State Prison San Quentin, CA 94974 Dated: 7/26/10 Richard W. Wieking, Clerk

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