Tafolla-Gonzalez v. USA

Filing 23

ORDER DENYING CERTIFICATE OF APPEALABILITY re 21 USCA Order. NOW THEREFORE IT IS HEREBY ORDERED, that the Certificate of Appealability is DENIED. IT IS FURTHER ORDERED, that the Clerk shall follow its established procedure for alerting the Ninth Ci rcuit that this Order has issued, and providing the Circuit with access to the record of this case. IT IS FURTHER ORDERED, that the Clerk shall close this case. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjm)(Emailed Order to the 9CCA.)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF IDAHO

UNITED STATES OF AMERICA,
Plaintiff,
v.

Case No. 4:11-cv-00181-BLW
ORDER DENYING CERTIFICATE
OF APPEALABILITY

HIGINIO TAFOLLA-GONZALEZ,
Defendant.

This matter is on remand for the Court to determine whether a Certificate of
Appealability should issue. The Court declines to do so. Other than the single issue on
which the defendant prevailed, the other issues did not even raise close questions. A
reasonable jurist would not find the Court’s analysis debatable or wrong. Slack v.
McDaniel, 529 U.S. 473, 484 (2000). Accordingly,
NOW THEREFORE IT IS HEREBY ORDERED, that the Certificate of
Appealability is DENIED.
IT IS FURTHER ORDERED, that the Clerk shall follow its established procedure
for alerting the Ninth Circuit that this Order has issued, and providing the Circuit with
access to the record of this case.
IT IS FURTHER ORDERED, that the Clerk shall close this case.

ORDER - 1

DATED: September 30, 2014

_________________________
B. Lynn Winmill
Chief Judge
United States District Court

ORDER - 2