United States District Court, N.D. California, San Jose Division
September 21, 2005.
Emmanuel McCowan, Plaintiff(s),
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).
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