UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
August 2, 2005
FRANK CHAVEZ, PETITIONER,
SCOTT KERNAN, WARDEN, RESPONDENT.
The opinion of the court was delivered by: Susan Illston United States District Judge
ORDER DENYING CERTIFICATE OF APPEALABILITY
Petitioner has filed a notice of appeal and a petition for a certificate of appealability. See 28 U.S.C. § 2253(c) and Federal Rule of Appellate Procedure 22(b). Because petitioner has not "made a substantial showing of the denial of a constitutional right," 28 U.S.C. § 2253(c)(2), the petition for a certificate of appealability is DENIED. (Docket # 18.) The Clerk shall forward to the court of appeals the case file with this order. See United States v. Asrar, 116 F.3d 1268, 1270 (9th Cir. 1997).
IT IS SO ORDERED.
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