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Barajas v. Martel

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


December 17, 2009

CHRISTOPHER DAVID BARAJAS, PETITIONER,
v.
MICHAEL MARTEL, WARDEN, RESPONDENTS.

ORDER

Petitioner is a state prisoner proceeding pro se. Both parties have consented to proceed before the undersigned for all purposes. See 28 U.S.C. § 636(c). 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 court must either issue a certificate of appealability indicating which issues satisfy the required showing or must state the reasons why such a certificate should not issue. Fed. R. App. P. 22(b).

For the reasons set forth in the order issued December 16, 2009, petitioner has not made a substantial showing of the denial of a constitutional right. Accordingly, a certificate of appealability is denied. See Rule 11, 28 U.S.C. foll. § 2254 (as amended eff. Dec. 1, 2009).

IT IS SO ORDERED.

20091217

© 1992-2009 VersusLaw Inc.



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