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Shell v. Kramer

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA


September 14, 2009

EDWARD V. SHELL, PETITIONER,
v.
MATTHEW C. KRAMER, WARDEN, RESPONDENT.

The opinion of the court was delivered by: Marilyn L. Huff, District Judge United States District Court

ORDER DENYING MOTION FOR A CERTIFICATE OF APPEALABILITY

On September 3, 2009 the Court dismissed without prejudice Petitioner's motion for habeas relief as a successive habeas motion pursuant to 28 U.S.C. § 2244(b)(3)(A). (Doc. No. 16.) Petitioner was given leave to obtain permission from the Ninth Circuit Court of Appeals to file a successive petition. (Id.) On September 10, 2009, the Court received Petitioner's motion for a certificate of appealability. (Doc. No. 17.) A certificate of appealability requires "a substantial showing of the denial of a constitutional right." 28 U.S.C. § 2253(c)(2). The Court concludes that Petitioner does not meet this standard and DENIES the request for a certificate of appealability.

IT IS SO ORDERED.

20090914

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