(HC) Borden v. Swarthout ( 2020 )

wOAOe 2 LT VEY EEN IVINS OUI OO ee OY Vt 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 DANIEL F. BORDEN, No. 2:14-CV-01400-MCE-DMC 12 Plaintiff, 13 V. ORDER 14 GARY SWARTHOUT, 15 Defendant. 16 17 This case is on remand from the Ninth Circuit for the limited purpose of 18 || determining whether a certificate of appealability should issue. ECF No. 53. The Court 19 || hereby DECLINES to issue a certificate of appealability because Petitioner has not 20 || shown that “jurists of reason would find it debatable whether the petition states a valid 21 | claim of the denial of a constitutional right and that jurists of reason would find it 22 || debatable whether the [this Court] was correct in its procedural ruling.” Slack v. 23 | McDaniel, 529 U.S. 473, 484 (2000); see also 28 U.S.C. § 2253(c)(2). 24 IT |S SO ORDERED. 25 | Dated: May 29, 2020 26 UNITED STATES DISTRI 28