Warden
(HC) Bailey v. Warden
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 BRANT EUGENE BAILEY, No. 2:23-cv-01087-KJM-EFB (HC) Petitioner, v. ORDER WARDEN, FCI HERLONG, Respondent. 16 Petitioner, a federal prisoner proceeding pro se, has filed a notice of appeal of this court's August 26, 2024 denial of his application for a writ of habeas corpus. Before petitioner can appeal this decision, a certificate of appealability must issue. 28 U.S.C. § 2253(c); Fed. R. App. P. 22(b). A certificate of appealability may issue under 28 U.S.C. § 2253 “only if the applicant has made a substantial showing of the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2). The court must either issue a certificate of appealability indicating which issues satisfy the required showing or must state the reasons why such a certificate should not issue. Fed. R. App. P. 22(b). For the reasons set forth in the magistrate judge’s April 24, 2024 order and June 17, 2024 findings and recommendations and…