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Bell v. Walker

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


March 13, 2009

KANYA BELL, PETITIONER,
v.
J. WALKER, WARDEN,*FN1 RESPONDENT

The opinion of the court was delivered by: Milan D. Smith, Jr. United States Circuit Judge

ORDER

Kanya Bell has timely filed a notice of appeal from his court's February 5, 2009, order denying his petition for habeas corpus. A certificate of appealability is required for the appeal to proceed. 28 U.S.C. 2253(c); Fed. R. App. P. 22(b). This court may issue a certificate of appealability "only if the applicant has made a substantial showing of the denial of a constitutional right." 28 U.S.C. 2253(c)(2). To meet this standard, an issue must be "debatable among jurists of reason," capable of being resolved differently or "adequate to deserve encouragement to proceed further." Jennings v. Woodford, 290 F.3d 1006, 1010 (9th Cir. 2002). For the reasons stated in the February 5, 2009, order, none of the issues raised by Bell qualifies for a certificate of appealability. A certificate of appealability is therefore denied.


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