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Jose Luis Medina Alvarado v. Michael Babcock

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


May 1, 2013

JOSE LUIS MEDINA ALVARADO, PETITIONER,
v.
MICHAEL BABCOCK, RESPONDENT.

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

ORDER

On March 6, 2013, this court dismissed petitioner's petition for writ of habeas corpus, ostensibly filed pursuant to 28 U.S.C. § 2241, and entered judgment. ECF Nos. 20, 21. On March 15, 2013, petitioner filed a notice of appeal (ECF No. 22), and the Court of Appeals has now remanded the case to this court for the limited purpose of granting or denying a certificate of appealability. ECF No. 26.

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 January 17, 2013 findings and recommendations, movant 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.

20130501

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