Patterson v. Curry

Filing 16

ORDER Granting Certificate of Appealability. Signed by Judge Ronald M. Whyte on 8/17/10. (jg, COURT STAFF) (Filed on 8/17/2010)

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Patterson v. Curry Doc. 16 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 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA *E-FILED - 8/17/10* DAVID PATTERSON, Petitioner, vs. BEN CURRY, Warden Respondent. ) ) ) ) ) ) ) ) ) ) No. C 08-2492 RMW (PR) ORDER GRANTING CERTIFICATE OF APPEALABILITY This case has been remanded to the district court for the limited purpose of granting or denying a certificate of appealability. See 28 U.S.C. 2253(c); Fed. R. App. P. 22(b); United States v. Asrar, 116 F.3d 1268, 1270 (9th Cir. 1997). Petitioner filed a notice of appeal from the district court's denial of his petition for a writ of habeas corpus pursuant to 28 U.S.C. 2254 challenging the California Board of Prison Terms ("Board") decision denying him parole. Therefore, the district court is required to grant or deny a certificate of appealability in the first instance. See Hayward v. Marshall, 603 F.3d 546 (9th Cir. 2010) (en banc). The Court finds that jurists of reason would find it debatable whether Petitioner's right to due process was violated by the Board's decision denying him parole based upon his claim that there is no evidence to support the Board's finding that he is unsuitable for parole. Therefore, the request for a certificate of appealability is GRANTED. The Clerk shall transmit the file, including a copy of this order, to the Court of Appeals Order Granting Certificate of Appealability P:\pro-se\sj.rmw\hc.06\Patterson429den 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 and close the file. IT IS SO ORDERED. 8/17/10 DATED: _______________ RONALD M. WHYTE United States District Judge Order Granting Certificate of Appealability P:\pro-se\sj.rmw\hc.06\Patterson429den 2

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