IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
September 11, 2012
CALIXTO C. RACIMO, PETITIONER,
MICHAEL MARTEL, RESPONDENT.
The opinion of the court was delivered by: John A. Mendez United States District Court Judge
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.
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