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Calixto C. Racimo v. Michael Martel

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


September 11, 2012

CALIXTO C. RACIMO, PETITIONER,
v.
MICHAEL MARTEL, 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 motion for a certificate of appealability as to the July 26, 2012 denial of his application for a writ of habeas corpus. (Dkt. No. 33.) 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). For the reasons set forth in the magistrate judge's May 3, 2012 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.

20120911

© 1992-2012 VersusLaw Inc.



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