Ojito v. Clark

Filing 22

Order Denying Certificate of Appealability. Signed by Judge Larry Alan Burns on 10/6/11.(All non-registered users served via U.S. Mail Service)(kaj)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 GERALDO OJITO, 12 CASE NO. 09cv2127-LAB (JMA) Petitioner, vs. 13 ORDER DENYING CERTIFICATE OF APPEALABILITY KEN CLARK, warden, 14 Respondent. 15 16 The Court today issued an order denying Geraldo Ojito’s petition for writ of habeas 17 corpus. The Court finds Petitioner has not made a substantial showing of the denial of a 18 constitutional right, and the standard for issuance of a certificate of appealability is not met. 19 See 28 U.S.C. § 2253(c)(2); Slack v. McDaniel, 529 U.S. 473, 484 (2000). The certificate 20 of appealability is therefore DENIED. 21 22 23 IT IS SO ORDERED. DATED: October 6, 2011 24 25 26 HONORABLE LARRY ALAN BURNS United States District Judge 27 28 09cv2127

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