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Sadiq Saibu v. Brenda M. Cash

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA


August 10, 2011

SADIQ SAIBU,
PETITIONER,
v.
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.

20110810

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