Shell v. Kramer

Filing 18

Order Denying Motion for a Certificate of Appealability re 17 Notice of Appeal. A certificate of appealability requires a substantial showing of the denial of a constitutional right. The Court concludes that Petitioner does not meet this standard and DENIES the request for a certificate of appealability. Signed by Judge Marilyn L. Huff on 9/14/2009. (All non-registered users served via U.S. Mail Service. Order electronically transmitted to US Court of Appeals.) (akr)

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA
EDWARD V. SHELL, vs. Petitioner, CASE NO. 08-CV-2159 H (POR) ORDER DENYING MOTION FOR A CERTIFICATE OF APPEALABILITY

MATTHEW C. KRAMER, Warden, Respondent.

On September 3, 2009 the Court dismissed without prejudice Petitioner's motion for habeas relief as a successive habeas motion pursuant to 28 U.S.C. § 2244(b)(3)(A). (Doc. No. 16.) Petitioner was given leave to obtain permission from the Ninth Circuit Court of Appeals to file a successive petition. (Id.) On September 10, 2009, the Court received Petitioner's motion for a certificate of appealability. (Doc. No. 17.) A certificate of appealability requires "a substantial showing of the denial of a constitutional right." 28 U.S.C. § 2253(c)(2). The Court concludes that Petitioner does not meet this standard and DENIES the request for a certificate of appealability. IT IS SO ORDERED. DATED: September 14, 2009 ________________________________ MARILYN L. HUFF, District Judge UNITED STATES DISTRICT COURT

08cv2159