Woodham

MEMORANDUM **

Gene Paul Woodham appeals the district court’s denial of his petition for a writ of habeas corpus.

The petition was filed after April 24, 1996, the effective date of the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA); therefore, the AEDPA applies. Furman v. Wood, 190 F.3d 1002, 1004 (9th Cir.1999). Consequently, the appeal of any issue from the denial of the petition requires a Certificate of Appealability (COA). 28 U.S.C. § 2253 (c); Gerlaugh v. Stewart, 167 F.3d 1222, 1223 (9th Cir.1999).

The district court denied Woodham’s request for a COA as to all but the following two issues: (1) whether Woodham has a liberty interest in having his “primary term” set at something less than life, pursuant to In re Rodriguez, 14 Cal.3d 639 , 122 Cal.Rptr. 552 , 537 P.2d 384 (Cal.1975); and (2) whether the application to Woodham of Cal. PemCode § 3041.5(b)(2) violates the Ex Post Facto Clause. When a district court grants a request for a COA only in part, this court may broaden the COA only if the petitioner files a motion for broader certification within 35 days of entry of the district court’s order. Ninth Cir. R. 22-l(d). 1 Petitioner has not brought a motion…