Schuyler

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 MIGUEL GARCIA JR., No. 1:25-cv-00251 JLT SAB (HC) 12 Petitioner, ORDER DECLINING TO ISSUE

CERTIFICATE OF APPEALABILITY

13 v. 14 S. SCHUYLER, 15 Respondent. 16 17 Petitioner is a state prisoner proceeding pro se whose petition for writ of habeas corpus, 18 brought pursuant to 28 U.S.C. § 2254, was dismissed on June 12, 2025. (Doc. 16.) Petitioner filed 19 a notice of appeal, and on July 3, 2025, the Ninth Circuit remanded the case to this Court for the 20 limited purpose of granting or denying a certificate of appealability. (Doc. 18.) 21 A petitioner seeking a writ of habeas corpus has no absolute entitlement to appeal a 22 district court’s denial of his petition, and an appeal is only allowed in certain circumstances. 23 Miller-El v. Cockrell, 537 U.S. 322, 335-36 (2003); 28 U.S.C. § 2253. Where, as here, the Court 24 denies habeas relief on procedural grounds without reaching the underlying constitutional claims, 25 the Court should issue a certificate of appealability “if jurists…