Bryant v. United States ( 2020 )

1 2 3 UNITED STATES DISTRICT COURT 4 NORTHERN DISTRICT OF CALIFORNIA 5 6 MICHELLE BRYANT, Case No. 20-cv-02524-YGR (PR) 7 Petitioner, ORDER DENYING PETITION FOR WRIT OF HABEAS CORPUS; AND 8 v. DENYING CERTIFICATE OF APPEALABILITY 9 W. Z. JENKINS, Warden, 10 Respondent. 11 Having read and considered the papers filed in connection with this matter and being fully 12 informed,1 the Court finds that Petitioner is not entitled to credit toward her sentence for time 13 spent in pretrial home confinement. See 18 U.S.C. § 3585(b); Reno v. Koray, 515 U.S. 50 (1995); 14 15 Winkleman v. Hayes, No. C 94–3770, 1995 WL 688648 (N.D. Cal. Nov. 9, 1995). Accordingly, 16 the petition is DENIED and no writ of habeas corpus shall issue. 17 No certificate of appealability is warranted in this case. See Rule 11(a) of the Rules 18 Governing Section 2254 Cases. Petitioner has not made “a substantial showing of the denial of a 19 constitutional right.” 28 U.S.C. § 2253(c)(2). Nor has Petitioner demonstrated that “reasonable 20 jurists would find the district court’s assessment of the constitutional claims debatable or wrong.” 21 22 Slack v. McDaniel, 529 U.S. 473, 484 (2000). Petitioner may not appeal the denial of a Certificate 23 of Appealability in this Court but may seek a certificate from the Court of Appeals under Rule 22 24 of the Federal Rules of Appellate Procedure. See Rule 11(a) of the Rules Governing Section 2254 25 Cases. 26 27 1 The Clerk of the Court shall terminate all pending motions and close the file. 2 IT IS SO ORDERED. 3 |) Dated: 11/16/2020 4 5 ONNE GONZALEZ ROGERS 6 United States District Judge 7 8 9 10 11 12 © 15 16 = 17 Z 18 19 20 21 22 23 24 25 26 27 28