IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
November 29, 2010
DAMIAN ALCANTARA, PETITIONER,
THOMAS FELKER, WARDEN, RESPONDENT.
Petitioner, a state prisoner proceeding pro se, has filed a motion for certificate of appealability pursuant to 28 U.S.C. § 2253(c) and Fed. R. App. P. 22(b). (Dkt. No. 28.) 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 the magistrate judge's September 8, 2010 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 ORDERED that petitioner's October 27, 2010 motion for a certificate of appealability is denied.
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