IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
January 28, 2013
RONALD REED, PETITIONER,
KNIPP, ET AL.,
On December 17, 2012, the court granted respondents' motion to dismiss petitioner's application for writ of habeas corpus. (ECF 19.) Petitioner filed a motion for a certificate of appealability on January 3, 2013. (ECF 22.)
If petitioner wishes to 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 "if the applicant has made a substantial showing of the denial of a constitutional right." 28 U.S.C. § 2253(c)(2). The certificate of appealability must "indicate which specific issue or issues satisfy" the requirement. 28 U.S.C. § 2253(c)(3). A certificate of appealability should be granted for any issue that petitioner can demonstrate is "'debatable among jurists of reason,'" could be resolved differently by a different court, or is "'adequate to deserve encouragement to proceed further.'" Jennings v. Woodford, 290 F.3d 1006, 1010 (9th Cir. 2002) (quoting Barefoot v. Estelle, 463 U.S. 880, 893 (1983)).*fn1 In this case, petitioner has failed to make a substantial showing with respect to any of the claims presented.
Accordingly, the court DENIES petitioner's motion for a certificate of appealability.