Rogers-Wright v. Neotti et al

Filing 16

ORDER Declining to Issue Certificate of Appealability. Signed by Judge Jeffrey T. Miller on 3/14/2011. (Order electronically transmitted to US Court of Appeals. All non-registered users served via U.S. Mail Service.) (akr)

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-JMA Rogers-Wright v. Neotti et al Doc. 16 1 2 3 4 5 6 7 8 9 10 11 12 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA ISBIR A. ROGERS-WRIGHT, Petitioner, v. GEORGE NEOTTI, Warden, Respondent. On February 2, 2011, the court issued an order adopting the magistrate judge's Report & Recommendation in the above-entitled case and dismissed with prejudice Petitioner Isbir A. Rogers-Wright's petition for writ of habeas corpus. (Doc. No. 13.) Petitioner now files a notice of appeal. (Doc. No. 15.) Under the Antiterrorism and Effective Death Penalty Act of 1996 ("AEDPA"), an appeal from a final order in a habeas corpus proceeding may not be taken"[u]nless a circuit justice or judge issues a certificate of appealability." 28 U.S.C. § 2253(c)(1). However, such a certificate may only issue "if the applicant has made a substantial showing of the denial of a constitutional right." 28 U.S.C. § 2253(c)(2). Because Petitioner has failed to make such a showing, the court hereby DECLINES to issue a Certificate of Appealability as to all cognizable federal claims presented in the petition for writ of habeas corpus. See Lambright v. Stewart, 220 F.3d 1022, 1024-25 (9th Cir. 2000) (providing that threshold "substantial showing of the denial of a constitutional right" is met by demonstrating that: (1) the issues are debatable among jurists of reason; or (2) that a court could resolve the issues in a different -110-CV-375-JM (JMA) CASE NO. 10-CV-375-JM (JMA) ORDER DECLINING TO ISSUE CERTIFICATE OF APPEALABILITY 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 manner; or (3) that the questions are adequate to deserve encouragement to proceed further). IT IS SO ORDERED. DATED: March 14, 2011 Hon. Jeffrey T. Miller United States District Judge -2- 10-CV-375-JM (JMA)

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