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Paris Harris v. T. Felker

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


January 5, 2011

PARIS HARRIS, PETITIONER,
v.
T. FELKER, WARDEN, ET AL., RESPONDENTS.

The opinion of the court was delivered by: Milan D. Smith, Jr. United States Circuit Judge

ORDER

Paris Haris has filed a notice of appeal from this court's January 28, 2009, order and judgment denying his petition for habeas corpus. A certificate of appealability is required for the appeal to proceed. 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 January 28, 2009, order, none of the issues raised by Haris qualify for a certificate of appealability. A certificate of appealability is therefore denied.

IT IS SO ORDERED.

Sitting by Designation

20110105

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