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William Thomas Coats v. Michael Mcdonald

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


August 17, 2011

WILLIAM THOMAS COATS, PETITIONER,
v.
MICHAEL MCDONALD RESPONDENT.

The opinion of the court was delivered by: Carolyn K. Delaney United States Magistrate Judge

ORDER

Petitioner has requested a certificate of appealability under 28 U.S.C. § 2253(c) with respect to the court's August 5, 2011 dismissal of this action. Pursuant to 28 U.S.C. § 636(c), petitioner has consented to all proceedings in this matter being held before a United States Magistrate Judge.

A certificate of appealability may issue under 28 U.S.C. § 2253 "only if the applicant has made a substantial showing of the denial of a constitutional right." 28 U.S.C. § 2253(c)(2). When a habeas petition is dismissed on procedural grounds, a certificate of appealability should issue when the prisoner shows that jurists of reason would find it debatable whether the petition states a valid claim of the denial of a constitutional right and that jurists of reason would find it debatable whether dismissal was correct. Slack v. McDaniel, 529 U.S. 473, 484-85 (2000).

Petitioner's habeas petition was not dismissed. It was simply transferred to another case pursuant to the Ninth Circuit's decision in Woods v. Carey, 525 F.3d 886, 890 (9th Cir. 2008). There is not good cause for appeal.

Accordingly, IT IS HEREBY ORDERED that petitioner's request for a certificate of appealability is denied.

20110817

© 1992-2011 VersusLaw Inc.



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