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Gray v. Finn

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


May 26, 2010

JEFFREY DEE GRAY, PETITIONER,
v.
CLAUDE E. FINN, RESPONDENT.

The opinion of the court was delivered by: Alfred T. Goodwin United States Circuit Judge Sitting by designation

ORDER

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.

20100526

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