Lazarrag

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JERRY DANIEL PROFFITT, No. 2:20-cv-00667-KJM-GGH Plaintiff, v. ORDER JOE LIZARRAGA, Defendants.

17 On June 16, 2020, this court adopted the magistrate judge’s Findings and Recommendations and dismissed petitioner Jerry Proffitt’s petition for habeas corpus, ECF No. 1. ECF No. 20. Petitioner then appealed the order to the Ninth Circuit, ECF No. 24, and the Ninth Circuit remanded the case to this court for the limited purpose of determining whether or not a Certificate of Appealability should be issued. See Proffitt v. Lizarraga, No. 20-1270, ECF No. 3 (July 15, 2020, 9th Cir.). Under Rule 11(a) of the Federal Rules Governing Section 2254 Cases, the court has considered whether to issue a certificate of appealability. Before petitioner can appeal this decision, a certificate of appealability must issue. See 28 U.S.C. § 2253(c); Fed. R. App. P. 22(b). Where the petition is denied on the merits, a…