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Robert Rameses v. United States District Court

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


June 13, 2012

ROBERT RAMESES, PETITIONER,
v.
UNITED STATES DISTRICT COURT, EASTERN DISTRICT OF CALIFORNIA, ET AL., RESPONDENTS.

The opinion of the court was delivered by: Garland E. Burrell, JR.United States District Judge

ORDER

Petitioner, a state prisoner proceeding pro se, has filed a notice of appeal of this court's January 4, 2012 dismissal of his application for a writ of habeas corpus. Before petitioner can appeal this decision, a certificate of appealability must issue. 28 U.S.C. § 2253(c); Fed. R. App. P. 22(b).

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). The court must either issue a certificate of appealability indicating which issues satisfy the required showing or must state the reasons why such a certificate should not issue. Fed. R. App. P. 22(b).

For the reasons set forth in the magistrate judge's August 11, 2011 findings and recommendations, petitioner has not made a substantial showing of the denial of a constitutional right. Accordingly, a certificate of appealability should not issue in this action.

IT IS SO ORDERED.

20120613

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