IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
May 21, 2010
PHOUSAYKEO SAYSOURIVONG, PETITIONER,
D. L. RUNNELS, ET AL., RESPONDENT.
The opinion of the court was delivered by: Ralph R. Beistline United States District Judge
Petitioner, a state prisoner proceeding pro se, has timely filed a notice of appeal of this court's April 9, 2010 denial of his motion for relief from judgment pursuant to Fed. R. Civ. P. 60(b). 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 April 9, 2010 order denying relief, petitioner has not made a substantial showing of the denial of a constitutional right. Accordingly, a certificate of appealability should not issue in this action.
IT IS SO ORDERED.
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