King

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10

11 SAMMY L. PAGE, Case No.: 1:16-cv-00522-AWI-JLT (HC)

12 Petitioner, ORDER GRANTING APPLICATION FOR

CERTIFICATE OF APPEALABILITY

13 v. (Doc. 154) 14 AUDREY KING,

15 Respondent. 16

17 18 Sammy L. Page (“Page” or “Petitioner”) is currently confined as a Sexually Violent Predator 19 (“SVP”) awaiting trial for recommitment under California’s Sexually Violent Predator Act (“SVPA”), 20 California Welfare & Institutions Code § 6600 et seq. On July 16, 2012, Petitioner filed a petition for a 21 writ of habeas corpus pursuant to 28 U.S.C. § 2254 in the United States District Court for the Northern 22 District of California, alleging that the state of California has violated his Fourteenth Amendment due 23 process rights by detaining him pretrial based on an outdated and scientifically invalid probable cause 24 finding involving a paraphilia NOS (“not otherwise specified”) nonconsent diagnosis. Doc. No. 1. The 25 district court abstained under Younger v. Harris, 401 U.S. 37 (1971). The Ninth…