McCracken v. United States of America

Filing 56

ORDER denying 55 Motion for Certificate of Appealability; signed by Judge Ronald B. Leighton. (cc: USCA) (DN) Modified on 2/27/2019 (DN).(cc to petitioner)

HONORABLE RONALD B. LEIGHTON

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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STEVEN ALLEN MCCRACKEN,
Petitioner,
v.

CASE NO. C16-5468 RBL
ORDER DENYING CERTIFICATE OF
APPEALABILITY

UNITED STATES OF AMERICA,
Respondent.

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THIS MATTER is before the Court on limited remand from the Ninth Circuit to address
whether Petitioner McCracken is entitled to a Certificate of Appealability [Dkt. # 55].
The Court should grant an application for a Certificate of Appealability only if the

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petitioner makes a “substantial showing of the denial of a constitutional right.” 28 U.S.C. §

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2253(c)(2). To obtain a Certificate of Appealability under 28 U.S.C. § 2253(c), a habeas

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petitioner must make a showing that reasonable jurists could debate whether, or agree that, the

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petition should have been resolved in a different manner or that the issues presented were

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adequate to deserve encouragement to proceed further. Slack v. McDaniel, 120 S.Ct. 1595, 1603-

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04 (2000) (quoting Barefoot v. Estelle, 463 U.S. 880, 893 n.4 (1983)).

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ORDER DENYING CERTIFICATE OF APPEALABILITY - 1

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McCracken has not made such a showing in any of his six motions to re-open his case.

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See also this Court’s prior Order declining to issue a Certificate [Dkt. # 30]. The Court will not

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issue a Certificate of Appealability.

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IT IS SO ORDERED.

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Dated this 27th day of February, 2019.

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A

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Ronald B. Leighton
United States District Judge

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ORDER DENYING CERTIFICATE OF APPEALABILITY - 2