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White v. United States

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


December 19, 2008

WILLIAM JOSHUA WHITE, PETITIONER,
v.
UNITED STATES OF AMERICA, RESPONDENT.

The opinion of the court was delivered by: Oliver W. Wanger United States District Judge

ORDER DECLINING TO ISSUE CERTIFICATE OF APPEALABILITY

Petitioner's request for issuance of a Certificate of Appealability in connection the Memorandum Decision and Order denying Petitioner's motion to vacate, set aside or correct sentence pursuant to 28 U.S.C. § 2255 is DENIED.

The standard for granting a COA has been stated as follows: "Where a district court has rejected the constitutional claims on the merits . . . [t]he petitioner must demonstrate that reasonable jurists would find the district court's assessment of the constitutional claims debatable or wrong." United States v. Zuno-Arce, 339 F.3d 886, 888-89 (9th Cir. 2003) (quoting Slack v. McDaniel, 529 U.S. 473, 484, 146 L.Ed. 2d 542, 120 S.Ct. 1595 (2000)). Any doubts about whether a petitioner has met this standard must be resolved in his favor. Silva v. Woodford, 279 F.3d 825, 833 (9th Cir. 2002) (citing Slack, 529 U.S. at 483-84); see also Jefferson v. Welborn, 222 F.3d 286, 289 (7th Cir. 2000) (COA should issue unless petitioner's claims are "utterly without merit"). Petitioner has not made the required showing with respect to the Court's denial of the claims asserted in his Section 2255 motion. Petitioner's claims are without merit.

IT IS SO ORDERED.

20081219

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