Richardson v. Walker

Filing 16

ORDER DENYING REQUEST FOR CERTIFICATE OF APPEALABILITY. Signed by Judge Jeremy Fogel on 4/29/10. (dlm, COURT STAFF) (Filed on 4/30/2010)

1 2 3 4 5 6 7 8 9 10

NOT FOR CITATION IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

United United States District Court

11
For the Northern District of California

12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

PATRICK L. RICHARDSON, Petitioner, vs. JAMES WALKER, Respondent.

) ) ) ) ) ) ) ) ) ) ) )

No. C 09-03344 JF (PR) ORDER DENYING REQUEST FOR CERTIFICATE OF APPEALABILITY

Petitioner, a California prisoner, filed a pro se petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254, challenging his state conviction. On December 9, 2009, the Court dismissed the petition as a second or successive petition. (See Docket No 10.) Petitioner has filed a notice of appeal which the Court construes as a request for a certificate of appealability, (Docket No. 12). Petitioner has not shown "that jurists of reason would find it debatable whether the petition states a valid claim of the denial of a constitutional right and that jurists of reason would find it debatable whether the district court was correct in its procedural ruling." Slack v. McDaniel, 529 U.S. 473, 484 (2000). Accordingly, the request for a certificate of appealability is DENIED.
Order Denying Request for COA P:\PRO-SE\SJ.JF\HC.09\Richardson03344_deny-coa.wpd

1 2 3 4 5 6 7 8 9 10

The Clerk shall forward this order, along with the case file, to the United States Court of Appeals for 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. DATED: 4/29/10 JEREMY FOGEL United States District Judge

United States District Court

11
For the Northern District of California

12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
Order Denying Request for COA P:\PRO-SE\SJ.JF\HC.09\Richardson03344_deny-coa.wpd

2

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

PATRICK L. RICHARDSON, Petitioner, v. JAMES WALKER, Warden, Respondent. /

Case Number: CV09-03344 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. 4/30/10 , 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.

Patrick L. Richardson H-59962 California State Prison-Folsom (New) P.O. Box 290066 FB-5-215 Represa, CA 95671 Dated: 4/30/10 Richard W. Wieking, Clerk