UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA
August 10, 2011
BRENDA M. CASH, WARDEN RESPONDENT.
The opinion of the court was delivered by: Cathy Ann Bencivengo United States Magistrate Judge
ORDER DENYING CERTIFICATE OF APPEALABILITY
On August 5, 2011, this Court entered judgment denying the petition for a writ of habeas corpus filed in this case.
Rule 11 of the Federal Rules Governing Section 2254 Cases states, "[t[he district court must issue or deny a certificate of appealability when it enters a final order adverse to the applicant." A certificate of appealability should be issued only where the petition presents "a substantial showing of the denial of a constitutional right." 28 U.S.C. § 2253(c)(2). To meet this threshold showing, Petitioner must show that: (1) the issues are debatable among jurists of reason, (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. Lambright v. Stewart, 220 F.3d 1022, 1024-25 (9th Cir. 2000) (citing Slack v. McDaniel, 529 U.S. 473 (2000); Barefoot v. Estelle, 463 U.S. 880 (1983)).
In this case, the Court finds that the issues are not debatable among jurists of reason, nor could the issues be resolved in a different manner. Further, the Court finds that the questions are not adequate to deserve encouragement to proceed further. Accordingly, the Court DENIES a certificate of appealability.
IT IS SO ORDERED.
© 1992-2011 VersusLaw Inc.