IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
December 30, 2010
ROBERT GUY BAKER, PETITIONER,
MATTHEW C. KRAMER, WARDEN, RESPONDENT.
The opinion of the court was delivered by: John A. Mendez United States District Judge
Petitioner, a state prisoner proceeding pro se, has timely filed a notice of appeal of this court's September 24, 2010 denial of his application for a writ of habeas corpus together with a motion for a certificate of appealability pursuant to 28 U.S.C. § 2253(c) and Fed. R. App. P. 22(b).
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 August 3, 2010 findings and recommendations, petitioner has not made a substantial showing of the denial of a constitutional right. Accordingly, IT IS HEREBY ORDERED that:
1. Petitioner's October 22, 2010 motion for a certificate of appealability is denied; and
2. The Clerk of the Court is directed to process petitioner's appeal to the United States Court of Appeals for the Ninth Circuit.
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