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Holmes v. Vasquez

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


July 15, 2009

TIMOTHY GREGORY HOLMES, PETITIONER,
v.
P L VASQUEZ, WARDEN RESPONDENT.

The opinion of the court was delivered by: Vaughn R Walker United States District Chief Judge

ORDER

The court has denied the petition for a writ of habeas, corpus in the above-captioned matter and has entered judgment in favor of respondent. Doc #23. Petitioner Timothy Gregory Holmes has filed a notice of appeal. Doc #24. "[Aln appeal may not be taken to the court of appeals from" the denial of a habeas petition unless a certificate of appealability is issued. 28 USC § 2253(c) (1) (2009). Absent a specific motion, the court construes the notice of appeal as a request for a certificate of appealability. A certificate of appealability may be issued "only if the applicant has made a substantial showing of the denial of a constitutional right," § 2253(c)(2); the certificate "shall indicate which specific issue or issues satisfy [this] showing." Id § 2254(c)( 3 ).

For the reasons set forth in the court's order denying the petition, petitioner has not made any showing of the denial of a constitutional right, much less the substantial showing required for the issuance of a certificate of appealability. Accordingly, and good cause appearing therefor, petitioner's application for a certificate of appealability is DENIED.

IT IS SO ORDERED.

20090715

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