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Isbir A. Rogers-Wright v. George Neotti

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA


March 14, 2011

ISBIR A. ROGERS-WRIGHT,
PETITIONER,
v.
GEORGE NEOTTI, WARDEN, RESPONDENT.

The opinion of the court was delivered by: Hon. Jeffrey T. Miller United States District Judge

ORDER DECLINING TO ISSUE CERTIFICATE OF APPEALABILITY

On February 2, 2011, the court issued an order adopting the magistrate judge's Report & Recommendation in the above-entitled case and dismissed with prejudice Petitioner Isbir A. Rogers-Wright's petition for writ of habeas corpus. (Doc. No. 13.) Petitioner now files a notice of appeal. (Doc. No. 15.)

Under the Antiterrorism and Effective Death Penalty Act of 1996 ("AEDPA"), an appeal from a final order in a habeas corpus proceeding may not be taken"[u]nless a circuit justice or judge issues a certificate of appealability." 28 U.S.C. § 2253(c)(1). However, such a certificate may only issue "if the applicant has made a substantial showing of the denial of a constitutional right." 28 U.S.C. § 2253(c)(2). Because Petitioner has failed to make such a showing, the court hereby DECLINES to issue a Certificate of Appealability as to all cognizable federal claims presented in the petition for writ of habeas corpus. See Lambright v. Stewart, 220 F.3d 1022, 1024-25 (9th Cir. 2000) (providing that threshold "substantial showing of the denial of a constitutional right" is met by demonstrating that: (1) the issues are debatable among jurists of reason; or (2) that a court could resolve the issues in a different manner; or (3) that the questions are adequate to deserve encouragement to proceed further).

IT IS SO ORDERED.

20110314

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