Lincoln v. Sullivan

Northern District of California, cand-4:2015-cv-02686

ORDER by Judge Haywood S. Gilliam, Jr. DENYING {{38}} APPLICATION FOR CERTIFICATE OF APPEALABILITY.

Interested in this case?

Current View

Full Text

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 NORTHERN DISTRICT OF CALIFORNIA 9 10 TERRANCE RAY LINCOLN, Case No. 15-cv-02686-HSG (PR) Petitioner, 11 ORDER DENYING APPLICATION FOR v. CERTIFICATE OF APPEALABILITY 12 Northern District of California United States District Court 13 WILLIAM SULLIVAN, Warden, Re: Dkt. No. 38 Respondent. 14 15 16 On March 7, 2017, the Court denied Petitioner's pro se petition for a writ of habeas corpus 17 under 28 U.S.C. § 2254 on the merits, and entered judgment accordingly. (Docket Nos. 22 and 18 23.) In the same order, the Court denied a certificate of appealability. (Docket No. 22 at 27.) 19 Petitioner's post judgment application for a certificate of appealability, (Docket No. 38), is 20 DENIED for the same reason stated in Court's order denying the petition: 21 A judge shall grant a certificate of appealability "only if the applicant has made a 22 substantial showing of the denial of a constitutional right," 28 U.S.C. § 2253(c)(2), and the certificate must indicate which issues satisfy this standard. Id. § 2253(c)(3). "Where a 23 district court has rejected the constitutional claims on the merits, the showing required to satisfy § 2253(c) is straightforward: [t]he petitioner must demonstrate that reasonable 24 jurists would find the district court's assessment of the constitutional claims debatable or wrong." Slack v. McDaniel, 529 U.S. 473, 484 (2000). 25 26 Here, petitioner has not made such a showing, and, accordingly, a certificate of appealability will be denied. 27 28 Docket No. 22 at 27. 1 The Clerk shall forward this order to the United States Court of Appeals for the Ninth 2 Circuit, from which Petitioner may also seek a certificate of appealability. See Rule 11(a) of the 3 Rules Governing Section 2254 Cases. 4 This order terminates Docket No. 38. 5 IT IS SO ORDERED. 6 Dated: 2/26/2018 7 8 HAYWOOD S. GILLIAM, JR. 9 United States District Judge 10 11 12 Northern District of California United States District Court 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2