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Lua v. Martel

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


August 5, 2008

JESUS LUA, PETITIONER,
v.
M. MARTEL, WARDEN, RESPONDENT.

ORDER

Petitioner, a state prisoner proceeding pro se, has timely filed a notice of appeal of this court's July 15, 2008 denial of his application for a writ of habeas corpus. Before petitioner can appeal this decision, a certificate of appealability must issue. 28 U.S.C. § 2253(c); Fed. R. App. P. 22(b).

A certificate of appealability may issue under 28 U.S.C. § 2253 "only if the applicant has made a substantial showing of the denial of a constitutional right." 28 U.S.C. § 2253(c)(2). The court must either issue a certificate of appealability indicating which issues satisfy the required showing or must state the reasons why such a certificate should not issue. Fed. R. App. P. 22(b). A certificate of appealability shall issue on the issue of whether the statute of limitations was tolled on petitioner's claim.

IT IS SO ORDERED.

20080805

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