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Dun v. Subia

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


June 15, 2010

LARRY DUN, PETITIONER,
v.
RICHARD SUBIA, ET AL., RESPONDENTS.

Crt. Of App. No. 09-17340

ORDER DENYING CERTIFICATE OF APPEALABILITY

Petitioner Larry Dun has filed notice of appeal from this court's judgment of seeks a Certificate of Appealability from this court's Judgment of October 5, 2009. Appellate Commissioner Peter L. Shaw has ordered the matter remanded to this court for the limited purpose of granting or denying a certificate of appealability. 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).

This court is unable to identify 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.'" See Jennings v. Woodford, 290 F.3d 1006, 1010 (9th Cir. 2002) (quoting Barefoot v. Estelle, 463 U.S. 880, 893 (1983)). For the reasons set forth in detail in the magistrate judge's Findings and Recommendations, filed July 31, 2009, this court finds that petitioner has not made a substantial showing of the denial of a constitutional right.

IT IS THEREFORE ORDERED that a certificate of appealability be, and the same hereby is, DENIED. The Clerk is ordered to forward a copy of this order to the Clerk of the United States Court of Appeals for the Ninth Circuit forthwith.

20100615

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