IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
August 20, 2008
RICHARD RAMIREZ, PETITIONER,
RICH SUBIA, ET AL., RESPONDENTS.
Pending before the court is petitioner's request for a certificate of appealability (Doc. 32), filed on July 9, 2008.
Petitioner, a state prisoner proceeding pro se, has timely filed a notice of appeal of this court's denial of his application for a writ of habeas corpus. Before petitioner can appeal this decision, a certificate of appealability must issue. See 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. See Fed. R. App. P. 22(b). For the reasons set forth in the magistrate judge's April 8, 2008 findings and recommendations, petitioner has not made a substantial showing of the denial of a constitutional right.
Accordingly, IT IS HEREBY ORDERED that petitioner's request for a certificate of appealability is denied.
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