IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
May 26, 2010
JEFFREY DEE GRAY, PETITIONER,
CLAUDE E. FINN, RESPONDENT.
The opinion of the court was delivered by: Alfred T. Goodwin United States Circuit Judge Sitting by designation
Petitioner Jeffrey Dee Gray ("Petitioner") is a state prisoner proceeding pro se in a habeas corpus action pursuant to 28 U.S.C. § 2254. On April 28, 2010, this court dismissed his petition for habeas corpus. Petitioner filed a notice of appeal and requested a certificate of appealability from this court. Pursuant to 28 U.S.C. § 2253(c)(2), "[a] certificate of appealability may issue... only if the applicant has made a substantial showing of the denial of a constitutional right." Petitioner has not shown that he was denied a constitutional right. Therefore, he has failed to make the showing required to establish that he is entitled to a certificate of appealability.
For these reasons, the Court declines to issue a certificate of appealability. Any further request for a certificate of appealability must be addressed to the Court of Appeals. See Fed. R. App. P. 22(b); Ninth Circuit R. 22-1.
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