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Peraza v. Campbell

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


March 22, 2010

JOHNNIE RAY PERAZA, PETITIONER,
v.
ROSANNE CAMPBELL, RESPONDENT.

The opinion of the court was delivered by: John A. Mendez United States District Judge

ORDER

Petitioner, a state prisoner proceeding pro se, has timely filed a notice of appeal of this court's February 8, 2010 denial of his application for a writ of habeas corpus. 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 certificate of appealability must "indicate which specific issue or issues satisfy" the requirement. 28 U.S.C. § 2253(c)(3).

A certificate of appealability should be granted for any issue that petitioner can demonstrate is "'debatable among jurists of reason,'" could be resolved differently by a different court, or is "'adequate to deserve encouragement to proceed further.'" Jennings v. Woodford, 290 F.3d 1006, 1010 (9th Cir. 2002) (quoting Barefoot v. Estelle, 463 U.S. 880, 893 (1983)).*fn1

Petitioner has made a substantial showing of the denial of a constitutional right in the following issues presented in the instant petition: (1) whether his conviction violated his federal constitutional rights because he is factually innocent of the crimes for which he was convicted; (2) whether his trial counsel rendered ineffective assistance; (3) whether the prosecutor committed misconduct, in violation of his right to due process; (4) whether the evidence was insufficient to support the gang enhancement allegations; (5) whether his right to due process was violated by jury instruction error; and (6) whether his constitutional rights were violated when he was shackled during trial.

Accordingly, IT IS HEREBY ORDERED that a certificate of appealability is issued in the present action.


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