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Shell v. Kramer

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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