IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA AT SACRAMENTO
February 1, 2010
MICHAEL DEWAYNE HAYNES, PETITIONER,
D.K. SISTO, RESPONDENT.
The opinion of the court was delivered by: James L. Robart United States District Judge
ORDER DENYING CERTIFICATE OF APPEALABILITY
This matter comes before the court for the limited purpose of granting or denying a certificate of appealability under 28 U.S.C. § 2253(c). Mr. Haynes seeks to appeal the court's July 23, 2009 order denying his 28 U.S.C. § 2254 habeas corpus petition. For the reasons stated below, the court DENIES Mr. Haynes a certificate of appealibility.
Among the substantial changes to federal habeas corpus procedure in the Antiterrorism and Effective Death Penalty Act of 1996 is a rule that a habeas petitioner can appeal the denial of a 28 U.S.C. § 2254 petition only after obtaining a "certificate of appealability." 28 U.S.C. § 2253(c). Although the statute is ambiguous, the Ninth Circuit has held that a United States District Court may issue a certificate of appealability. United States v. Asrar, 116 F.3d 1268, 1269 (9th Cir. 1997). A court may issue a certificate of appealability only if the "applicant has made a substantial showing of the denial of a constitutional right." 28 U.S.C. § 2253(c)(2). The Supreme Court has elaborated that a petitioner must show that "reasonable jurists could debate whether . . . the petition should have been resolved in a different manner or that the issues presented were adequate to deserve encouragement to proceed further." Slack v. McDaniel, 529 U.S. 473, 484 (2000) (quotations omitted).
Here, Mr. Haynes has not made a substantial showing of the denial of a constitutional right. The court therefore declines to grant a certificate of appealibility to Mr. Haynes.
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