Swarthout

wOAOe LT VEY EEN IVINS OUI OO ee OY Vt 2 3 4 5 6 7 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 DANIEL F. BORDEN, No. 2:14-CV-01400-MCE-DMC Plaintiff, V. ORDER GARY SWARTHOUT, Defendant. 16 This case is on remand from the Ninth Circuit for the limited purpose of 18 || determining whether a certificate of appealability should issue. ECF No. 53. The Court 19 || hereby DECLINES to issue a certificate of appealability because Petitioner has not 20 || shown that “jurists of reason would find it debatable whether the petition states a valid claim of the denial of a constitutional right and that jurists of reason would find it 22 || debatable whether the [this Court] was correct in its procedural ruling.” Slack v. McDaniel, 529 U.S. 473, 484 (2000); see also 28 U.S.C. § 2253(c)(2). IT |S SO ORDERED. Dated: May 29, 2020 26

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