(HC) Gleason v. Bobbala ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 STANLEY GLEASON, No. 2:20-cv-00406 JAM GGH P 12 Petitioner, 13 v. ORDER 14 M. BOBBALA, et al., 15 Respondents. 16 17 Petitioner, a state prisoner proceeding pro se, has timely filed a notice of appeal of this 18 court’s April 6, 2020 dismissal of his application for a writ of habeas corpus for failure to state a 19 claim. Before petitioner can appeal this decision, a certificate of appealability must issue. 28 20 U.S.C. § 2253(c); Fed. R. App. P. 22(b). 21 A certificate of appealability may issue under 28 U.S.C. § 2253 “only if the applicant has 22 made a substantial showing of the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2). The 23 court must either issue a certificate of appealability indicating which issues satisfy the required 24 showing or must state the reasons why such a certificate should not issue. Fed. R. App. P. 22(b). 25 Where, as here, the petition was dismissed for failure to state a claim, a certificate of 26 appealability “should issue . . . if the prisoner can shows, at least, [1] that jurists of reason would 27 find it debatable whether the petition states a valid claim for the denial of a constitutional right, 28 and [2] that jurists of reason would find it debatable whether the district court was correct in its 1 procedural ruling.” Petrocelli v. Angelone, 248 F.3d 877, 883-84 (9th Cir. 2001) (citing Slack v. 2 McDaniel, 529 U.S. 473, 120 S. Ct. 1595, 1600-01, 1604 (2000)). 3 After careful review of the entire record herein, this court finds that petitioner has not 4 satisfied the first requirement for issuance of a certificate of appealability in this case. 5 Specifically, there is no showing that jurists of reason would find it debatable whether the petition 6 should have been resolved in a different manner. Accordingly, a certificate of appealability 7 should not issue in this action. 8 IT IS SO ORDERED. 9 DATED: June 9, 2020 10 /s/ John A. Mendez________________________ 11 UNITED STATES DISTRICT COURT JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28