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Coffman v. Runnels

June 16, 2009

WILLIAM JAMES COFFMAN, PETITIONER,
v.
DAVID RUNNELS, RESPONDENT.



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 May 8, 2009, dismissal of his application for a writ of habeas corpus. Before petitioner can appeal this decision, a certificate of appealability must issue. 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 certificate of appealability must "indicate which specific issue or issues satisfy" the requirement. 28 U.S.C. § 2253(c)(3).

A certificate of appealability should be granted for any issue that petitioner can demonstrate is "'debatable among jurists of reason,'" could be resolved differently by a different court, or is "'adequate to deserve encouragement to proceed further.'" Jennings v. Woodford, 290 F.3d 1006, 1010 (9th Cir. 2002) (quoting Barefoot v. Estelle, 463 U.S. 880, 893 (1983)).*fn1

Petitioner has set forth no arguments in his motion for certificate of appealability concerning the denial of a constitutional right. In fact, petitioner makes no arguments whatsoever. The court has already found that petitioner's claims of error regarding the stipulation of his prior felony conviction during trial, had no merit. Petitioner's claims are not sufficient to justify a certificate of appealability, even under the relatively low standards in Jennings.

Accordingly, IT IS HEREBY ORDERED that a certificate of appealability is denied ...


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