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UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 PETER CASEY CRUZ, No. 1:18-cv-01360-AWI-JLT (HC) Petitioner, ORDER DECLINING TO ISSUE

CERTIFICATE OF APPEALABILITY

v.

ORDER DIRECTING CLERK OF COURT

TO SERVE COPY OF ORDER ON NINTH BRANDON PRICE, Executive Director, CIRCUIT COURT OF APPEALS 15 Respondent.

17 Petitioner is a state detainee proceeding in propria persona with a petition for writ of habeas corpus. On May 3, 2019, the Court dismissed the petition without prejudice. Petitioner appealed to the Ninth Circuit Court of Appeals and the appeal was processed on June 10, 2019. On July 17, 2019, the Ninth Circuit remanded the matter for the limited purpose of granting or denying a certificate of appealability. The controlling statute in determining whether to issue a certificate of appealability is 28 U.S.C. § 2253, which provides as follows:

(a) In a habeas corpus proceeding or a proceeding under section 2255 before a district judge, the final order shall…