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Hawk v. Kramer

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


August 18, 2008

SHAWN HAWK, PETITIONER,
v.
MATTHEW C. KRAMER, WARDEN, ET AL., RESPONDENTS.*FN1

The opinion of the court was delivered by: Arthur L. Alarcón United States Circuit Judge Sitting by Designation

ORDER

Shawn Hawk, a state prisoner proceeding pro se, has timely filed a notice of appeal from this Court's August 4, 2008 order denying his application for a writ of habeas corpus relief pursuant to 28 U.S.C. § 2254(a). Before petitioner can appeal this decision, a certificate of appealability must issue. 28 U.S.C. § 2253(c); FED. R. APP. 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. 22(b).

For the reasons set forth in the Court's August 4, 2008 order, petitioner has not made a substantial showing of the denial of a constitutional right. Accordingly, a certificate of appealability will not issue in this action.

IT IS SO ORDERED.


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