Saibu v. Cash

Filing 18

ORDER denying Certificate of Appealability. In this case, the Court finds that the issues are not debatable among jurists of reason, nor could the issues be resolved in a different manner. Further, the Court finds that the questions are not adequate to deserve encouragement to proceed further. Accordingly, the Court DENIES a certificate of appealability. Signed by Magistrate Judge Cathy Ann Bencivengo on 8/10/2011. (All non-registered users served via U.S. Mail Service). (akr)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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SADIQ SAIBU,

Civil No.

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Petitioner,

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ORDER DENYING CERTIFICATE OF
APPEALABILITY

v.
BRENDA M. CASH, Warden
Respondent.

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10-0844-CAB

On August 5, 2011, this Court entered judgment denying the petition for a writ of habeas
corpus filed in this case.

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Rule 11 of the Federal Rules Governing Section 2254 Cases states, “[t[he district court

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must issue or deny a certificate of appealability when it enters a final order adverse to the

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applicant.” A certificate of appealability should be issued only where the petition presents “a

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substantial showing of the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2). To meet

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this threshold showing, Petitioner must show that: (1) the issues are debatable among jurists of

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reason, (2) that a court could resolve the issues in a different manner, or (3) that the questions

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are adequate to deserve encouragement to proceed further. Lambright v. Stewart, 220 F.3d

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1022, 1024-25 (9th Cir. 2000) (citing Slack v. McDaniel, 529 U.S. 473 (2000); Barefoot v.

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Estelle, 463 U.S. 880 (1983)).

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In this case, the Court finds that the issues are not debatable among jurists of reason, nor

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could the issues be resolved in a different manner. Further, the Court finds that the questions

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are not adequate to deserve encouragement to proceed further. Accordingly, the Court DENIES

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a certificate of appealability.

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IT IS SO ORDERED.

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DATED: August 10, 2011

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CATHY ANN BENCIVENGO
United States Magistrate Judge

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