Calloway v. Adams et al

Filing 36

ORDER DENYING REQUEST FOR CERTIFICATE OF APPEALABILITY. Signed by Judge Jeremy Fogel on 11/17/2009. (jflc2, COURT STAFF) (Filed on 11/17/2009)

1 **E-Filed 11/17/2009** 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 October 28, 2009, the Court denied this petition for writ of habeas corpus on th e merits and entered judgment in favor of Respondent. On November 6, 2009, P etitio n er filed a notice of appeal which the Court will construe as a motion for a ce rtifica te of appealability, (Docket No. 33). A petitioner may not appeal a final order in a federal habeas corpus proceeding w ith o u t first obtaining a certificate of appealability (formerly known as a certificate of p ro b a b le cause to appeal). See 28 U.S.C. § 2253(c); Fed. R. App. P. 22(b). A judge shall g ra n t a certificate of appealability "only if the applicant has made a substantial showing o f the denial of a constitutional right." 28 U.S.C. § 2253(c)(2). The certificate must in d ic a te which issues satisfy this standard. See id. § 2253(c)(3).
C a s e No. C 06-2531 JF O R D E R DENYING REQUEST FOR CERTIFICATE OF APPEALABILITY ( JF E X 2 )

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

JAMISI CALLOWAY, Petitioner v. DERRAL ADAMS, Respondent

Case Number C 06-2531 JF ORDER DENYING REQUEST FOR CERTIFICATE OF APPEALABILITY

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

" W h e re a district court has rejected the constitutional claims on the merits, the sh o w in g required to satisfy § 2253(c) is straightforward: the petitioner must demonstrate th a t reasonable jurists would find the district court's assessment of the constitutional claim s debatable or wrong." Slack v. McDaniel, 529 U.S. 473, 484 (2000). The Court d en ied the instant habeas petition after careful consideration of the merits. The Court fo u n d no violation of Petitioner's federal constitutional rights in the underlying state court p ro c e e d in g s. Petitioner has failed to demonstrate that jurists of reason would find it d e b a ta b l e whether this Court was correct in its ruling. Accordingly, Petitioner's request f o r a certificate of appealability is DENIED. T h is order terminates Docket No. 33.

DATED: 11/13/2009 ___________________________ JEREMY FOGEL United States District Judge

2
C ase No. C 06-2531 JF O R D E R DENYING REQUEST FOR CERTIFICATE OF APPEALABILITY ( JF E X 2 )