Cosey v. The People ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 CURT LARON COSEY, JR., 11 Case No. 23-cv-01193 BLF (PR) Petitioner, 12 ORDER DENYING MOTION FOR v. CERTIFICATE OF 13 APPEALABILITY 14 THE PEOPLE, 15 Respondent. 16 (Docket No. 15) 17 18 Petitioner, a state prisoner, filed a pro se petition for a writ of habeas corpus 19 pursuant to 28 U.S.C. § 2254, challenging his state conviction. Dkt. No. 1. On August 22, 20 2023, the Court dismissed the petition with leave to amend to attempt to correct 21 deficiencies. Dkt. No. 7. When the deadline (September 19, 2023) passed without a 22 response, the Court dismissed the action on October 5, 2023. Dkt. No. 8. The Court 23 construed Petitioner’s subsequent filing, Dkt. No. 10, as a motion for reconsideration and 24 denied it as the Court’s dismissal of the action was proper. Dkt. No. 12. 25 Petitioner has filed a motion for certificate of appealability, merely reasserting his 26 original claims without explaining why a certificate of appealability is warranted. Dkt. No. 27 15. Therefore, the Court finds that Petitioner has not shown “that jurists of reason would 1 || right and that jurists of reason would find it debatable whether the district court was 2 || correct in its procedural ruling.” Slack v. McDaniel, 529 U.S. 473, 484 (2000). 3 || Accordingly, a certificate of appealability is DENIED. 4 The Clerk shall send a copy of this order to the Ninth Circuit and to Petitioner. 5 This order terminates Docket No. 15. 6 IT IS SO ORDERED. 7 || Dated: __December 5, 2023 fiinfacicen _ BETH LABSON FREEMAN 8 United States District Judge 9 10 11 g 15 16 Oo Z 18 19 20 21 22 23 24 25 PROSEBLEHC 2301 193Cosey_coa 26 27