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McCOWAN v. GARCIA

United States District Court, N.D. California, San Jose Division


September 21, 2005.

Emmanuel McCowan, Plaintiff(s),
v.
Silvia Garcia, Warden, Defendant(s).

The opinion of the court was delivered by: JAMES WARE, District Judge

ORDER DENYING REQUEST FOR CERTIFICATE OF APPEALABILITY

On August 12, 2005, the Court issued an Order denying Emmanuel McCowan's Petition for a Writ of Habeas Corpus. On September 8, 2005, Petitioner filed a notice of appeal and request for a certificate of appealability. Pursuant to 28 U.S.C. section 2253(c)(1), there shall be no right of appeal unless a judge issues a certificate of appealability. The Court denies Petitioner's request for a certificate of appealability because Petitioner has failed to make the requisite "substantial showing of the denial of a constitutional right." 28 U.S.C. section 2253(c)(2).

20050921

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