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Clifton Freeman v. J. Haviland

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


May 18, 2011

CLIFTON FREEMAN, PETITIONER,
v.
J. HAVILAND, RESPONDENT.

The opinion of the court was delivered by: Gregory H. Hollows United States Magistrate Judge

ORDER

Petitioner is proceeding pro se with an application for writ of habeas corpus under 28 U.S.C. § 2254. On April 25, 2011, the court ordered that the petition be dismissed and the case closed. The same day, the court entered judgment against the petitioner. Petitioner has filed a notice of appeal and a motion for a certificate of appealability under 28 U.S.C. § 2253.

A court should issue a certificate of appealability pursuant to 28 U.S.C. § 2253 if jurists of reason would find it debatable whether petitioner's claim is a valid claim of the denial of a constitutional right and whether this action should have been be dismissed. See Slack v. McDaniel, 529 U.S. 473, 484-85 (2000). Here, petitioner's claim that the Board of Parole Hearings violated his right to due process is clearly barred by the decision in Swarthout v. Cooke, ___ U.S. ___, 131 S. Ct. 859 (2011). Therefore, the court declines to issue a certificate of appealability.

Accordingly, IT IS HEREBY ORDERED that the motion for a certificate of appealability (Docket No. 12) is denied.

Gregory G. Hollows

hm free2956.ord

20110518

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