Rodriguez

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 PEDRO RODRIGUEZ, Case No.: 23-cv-2148-MMA (BLM)

Petitioner,

ORDER DENYING CERTIFICATE

v. OF APPEALABILITY

SHERIFF KELLEY MARTINEZ, et al.,

16 Respondents. 17 Pedro Rodriguez, a state prisoner, filed a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254 in this Court alleging he was deprived of his due process and equal protection rights during a disciplinary hearing while he was incarcerated. See Doc. No. 1. Respondent filed a Motion to Dismiss the Petition, which this Court granted. See Doc. Nos. 15, 23. Rodriguez appealed the dismissal to the Ninth Circuit Court of Appeals. Doc. No. 25. On July 1, 2024, the Ninth Circuit remanded the case back to this Court for the limited purpose of granting or denying a Certificate of Appealability (“COA”). See Doc. No. 27. A COA will issue when the petitioner makes a “substantial showing of the denial of a constitutional right.” 28 U.S.C. § 2253 (West…