IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
June 29, 2009
KEVIN ALEXANDER BOYCE, PETITIONER,
BRUNO STOLC, WARDEN,*FN1 RESPONDENT.
The opinion of the court was delivered by: Richard C. Tallman United States Circuit Judge Sitting by Designation
This court dismissed the Petitioner Kevin Boyce's petition for writ of habeas corpus on June 2, 2009. On June 14, 2010, Boyce petitioned for a certificate of appealability. A certificate of appealability is required before an appeal can be taken. 28 U.S.C. § 2253(c); Fed. R. App. P. 22(b).
A certificate of appealability may issue "only if the applicant has made a substantial showing of the denial of a constitutional right." 28 U.S.C. § 2253(c)(2). A petitioner must show that the issue to be appealed is "debatable among jurists of reason," that different courts could resolve the issue differently, or that the question "deserve[s] encouragement to proceed further." Barefoot v. Estelle, 463 U.S. 880, 893 n.4 (1983) (superseded on other grounds by 28 U.S.C. § 2253(c)) (citations omitted).
For the reasons set forth in this court's June 2, 2009, order dismissing the petition, Boyce has failed to make a substantial showing of the denial of a constitutional right to a full and fair hearing on his Fourth Amendment motion to suppress. Moreover, Boyce has not filed a notice of appeal, and the time limit for him to do so expired nearly a year ago. For all of these reasons, Boyce's petition for a certificate of appealability is denied.
DATED this 29th day of June, 2009, at Seattle, Washington.