Hawkins v. Vail
Filing
22
ORDER denying CERTIFICATE OF APPEALABILITY by Judge Ronald B. Leighton. (re 19 Notice of Appeal ) (copy mailed to aplt Hawkins) (MW)
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ORDER Page - 1
HONORABLE RONALD B. LEIGHTON
UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA DAVID ALLEN HAWKINS, Petitioner, v. ELDON VAIL, Respondent. Case No. C09-5434 RBL ORDER DENYING ISSUANCE OF CERTIFICATE OF APPEALABILITY
THIS MATTER comes on before the above-entitled Court upon Petitioner's Motion for Certificate of Appealability [Dkt. #19]. For the reasons stated in the Report and Recommendation [Dkt. #15], the 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). IT IS SO ORDERED. The Clerk shall send uncertified copies of this order to all counsel of record, and to any party appearing pro se. Dated this 17th day of February, 2010.
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RONALD B. LEIGHTON UNITED STATES DISTRICT JUDGE
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