Bobbala
(HC) Gleason v. Bobbala
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 STANLEY GLEASON, No. 2:20-cv-00406 JAM GGH P Petitioner, v. ORDER M. BOBBALA, et al., Respondents. 16 Petitioner, a state prisoner proceeding pro se, has timely filed a notice of appeal of this court’s April 6, 2020 dismissal of his application for a writ of habeas corpus for failure to state a claim. 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). Where, as here, the petition was dismissed for failure to state a claim, a certificate of 26 …