Morris v. McKenna

Filing 26

ORDER by Judge Ronald B Leighton declining to issue a CERTIFICATE OF APPEALABILITY because the petitioner has failed to make a "substantial showing of the denial of a constitutional right"; the clerk shall forward the petitioner's mtn for appointment of counsel to the US Court of Appeals for the Ninth Circuit (re 22 Notice of Appeal ) (copy mailed to aplt Morris) (MW)

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ORDER Page - 1

HONORABLE RONALD B. LEIGHTON

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA TEDDY MORRIS, Petitioner, v. ROB McKINNA, et. al., Respondents. Case No. C09-5345RBL ORDER

THIS MATTER comes on before the above-entitled Court upon Petitioner's Notice of Appeal [Dkt. #22] and Motion for Appointment of Appellate Counsel [Dkt. #23]. Having considered the entirety of the records and file herein, the Court finds and rules as follows: The filing of a Notice of Appeal in a 28 U.S.C. § 2254 proceeding requires this Court to determine whether a certificate of appealability shall issue. 28 U.S.C. § 2253(c)(1). For the reasons stated in the Report and Recommendation [Dkt. #18], this Court declines to issue a certificate of appealability because the Petitioner has failed to make "a substantial showing of the denial of a constitutional right." 28 U.S.C. § 2253(c)(2). The Clerk shall forward Petitioner's Motion for Appointment of Appellate Counsel [Dkt. #23] to the United States Court of Appeals for the Ninth Circuit. IT IS SO ORDERED.

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The Clerk shall send uncertified copies of this order to all counsel of record, and to any party appearing pro se. Dated this 5th day of January, 2010.

A

RONALD B. LEIGHTON UNITED STATES DISTRICT JUDGE

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