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Jordan v. Malfi

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


April 20, 2009

JO'VON JORDAN, PETITIONER,
v.
A. MALFI, WARDEN, ET AL., RESPONDENTS.

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

ORDER

Jo'von Jordan has timely filed a notice of appeal from this court's April 10, 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 April 10, 2009 order, neither of the issues for which Jordan requests a certificate of appealability meets the standard. A certificate of appealability is therefore DENIED.

20090420

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