IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
February 13, 2009
TONY EUGENE SAFFOLD, PETITIONER,
THOMAS L. CAREY, RESPONDENT.
The opinion of the court was delivered by: John A. Mendez United States District Judge
Petitioner, a state prisoner proceeding through counsel, has timely filed a notice of appeal of this court's January 8, 2009 denial of his application for a writ of habeas corpus together with a request for a certificate of appealability pursuant to 28 U.S.C. § 2253(c).
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 April 22, 2008 findings and recommendations, petitioner has not made a substantial showing of the denial of a constitutional right. Accordingly, IT IS HEREBY ORDERED that:
1. Petitioner's January 9, 2009 request for a certificate of appealability is denied; and
2. The Clerk of the Court is directed to process petitioner's appeal to the United States Court of Appeals for the Ninth Circuit.
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