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Chavez v. Kernan

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA


August 2, 2005

FRANK CHAVEZ, PETITIONER,
v.
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.

20050802

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