Watkins v. Sherman

Filing 20

ORDER Denying Certificate of Appealability. Signed by Judge Larry Alan Burns on 7/22/15. (All non-registered users served via U.S. Mail Service)(kas)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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TERRENCE WATKINS,

CASE NO. 14-cv-260-LAB-BGS
Plaintiff,

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vs.
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ORDER DENYING CERTIFICATE OF
APPEALABILITY

STU SHERMAN,

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Defendant.

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Watkins filed a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254.
(Docket no. 1.) Magistrate Judge Skomal issued a report and recommendation on Watkins'
Petition, recommending that it be denied. (Docket no. 14.) The Court adopted the report and
recommendation. (Docket no. 18.)
A certificate of appealability must be obtained by a petitioner in order to pursue an
appeal from a final order in a Section 2254 habeas corpus proceeding. See 28 U.S.C.
§ 2253(c)(1)(A); Fed R. App. P. 22(b). Pursuant to Rule11 of the Federal Rules Governing
Section 2254 Cases, "[t]he district court must issue or deny a certificate of appealability when
it enters a final order adverse to the applicant." A certificate of appealability should be issued
only where the petition presents "a substantial showing of the denial of a constitutional right."
28 U.S.C. § 2253(c)(2). It must appear that reasonable jurists could find the district court's
assessment of the petitioner's constitutional claims debatable or wrong. Slack v. McDaniel,
529 U.S. 473, 484 (2000).
14-CV-260

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In this case, the Court finds that Petitioner did not make a substantial showing of the

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denial of a constitutional right, the issues are not debatable among jurists of reason, and a

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court could not resolve the issues in a different manner. See Miller–El v. Cockrell, 537 U.S.

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322, 327 (2003). The Court DENIES a certificate of appealability.

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IT IS SO ORDERED.
DATED: July 22, 2015

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HONORABLE LARRY ALAN BURNS
United States District Judge

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14-CV-260