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Villegas v. Woodford

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


December 22, 2008

JERRY DENNIS VILLEGAS, PETITIONER,
v.
JEANNE S. WOODFORD, ETC., AND DAVID L. RUNNELS, WARDEN, RESPONDENTS.

The opinion of the court was delivered by: Garland E. Burrell, Jr. United States District Judge

ORDER

Petitioner, a state prisoner proceeding pro se, has timely filed a notice of appeal of this court's October 31, 2008 denial of his application for a writ of habeas corpus together with a motion for a certificate of appealability. 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. Fed. R. App. P. 22(b).

For the reasons set forth in the magistrate judge's October 14, 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 November 26, 2008 motion for a certificate of appealability is denied.

20081222

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