IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
July 8, 2010
MAURICE SMITH, PETITIONER,
T. SCHWARTZ, WARDEN, ET AL., RESPONDENTS
The opinion of the court was delivered by: Milan D. Smith, Jr. United States Circuit Judge Sitting by Designation
Before the court is Petitioner Maurice Smith's application for a certificate of appealability, which is required for him to file an appeal of this court's May 14, 2010 order denying his petition for a writ of habeas corpus. 28 U.S.C. § 2253(c); Fed. R. App. P. 22(b).
This court may issue a certificate of appealability "only if the applicant has made a substantial showing of the denial of a constitutional right." 28 U.S.C. § 2253(c)(2). To meet this standard, an issue must be "debatable among jurists of reason," capable of being resolved differently or "adequate to deserve encouragement to proceed further." Jennings v. Woodford, 290 F.3d 1006, 1010 (9th Cir. 2002).
For the reasons stated in the May 14, 2010 order, none of the issues raised by Petitioner qualifies for a certificate of appealability. A certificate of appealability is therefore DENIED.
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