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Fox v. Sisto

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


June 8, 2010

JERMAINE FOX, PETITIONER,
v.
D.K. SISTO, ET AL., RESPONDENTS.

ORDER

On May 26, 2010, the Ninth Circuit Court of Appeals remanded this case to this court for a determination as to whether a certificate of appealability should issue concerning the July 1, 2008 denial of petitioner's application for writ of habeas corpus.

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 July 1, 2008 order, 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.

20100608

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