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Crawford v. Carey

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


July 26, 2010

KIM ROGER CRAWFORD, PETITIONER,
v.
TOM L. CAREY, ET AL., RESPONDENTS.

ORDER

On July 15, 2010, the Ninth Circuit Court of Appeals remanded this 28 U.S.C. § 2254 action for this court to determine whether a certificate of appealability should issue. 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). For the reasons set forth in the magistrate judge's August 24, 2007 findings and recommendations, 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.

20100726

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