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Andrew Moncada v. K. Allison

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


June 14, 2012

ANDREW MONCADA, PETITIONER,
v.
K. ALLISON, WARDEN, RESPONDENT.

The opinion of the court was delivered by: John A. Mendez United States District Court Judge

ORDER

Petitioner, a state prisoner proceeding pro se, has filed a notice of appeal of this court's December 16, 2011 denial 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 October 26, 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.

The Clerk of the Court shall serve the United States Court of Appeals for the Ninth Circuit with a copy of this order.

IT IS SO ORDERED.

20120614

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