Carter v. Ylst

Filing 171

FINAL ORDER: (1) Denying Petition for Writ of Habeas Corpus; and (2) Issuing Certificate of Appealability. Signed by Judge Roger T. Benitez on 3/18/2013.(All non-registered users served via U.S. Mail Service)(knb)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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DEAN PHILLIP CARTER,

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CASE NO. 06cv1343 BEN (KSC)
Petitioner,

DEATH PENALTY CASE

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FINAL ORDER:

vs.

(1) DENYING PETITION FOR
WRIT OF HABEAS CORPUS;
AND

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KEVIN CHAPPELL, Acting Warden
of San Quentin State Prison,

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(2) ISSUING CERTIFICATE OF
APPEALABILITY

Respondent.

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For the reasons discussed in the Court’s March 18, 2013 Order (see Doc. No.

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170), the Petition for Writ of Habeas Corpus is DENIED as to all claims. The Court

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ISSUES a Certificate of Appealability [“COA”] on Claims 3-4 and DENIES a COA

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on Claims 1-2 and 5-16. See 28 U.S.C. § 2253(c); Slack v. McDaniel, 529 U.S. 473,

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484 (2000); (see also Doc. No. 170 at 318.)

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The Clerk is ORDERED to enter Judgment for Respondent and close Case No.

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06-cv-1343.

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IT IS SO ORDERED.

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DATED: March 18, 2013

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Hon. Roger T. Benitez
United States District Judge
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06cv1343