Pallares

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 GINA DAWN MUNOZ, No. 2:20-CV-2168-DMC-P Petitioner, v. ORDER M. PALLARES, Respondent. 16 Petitioner, a state prisoner proceeding pro se, has initiated this action with a motion requesting the Court issue a certificate of appealability. See ECF No. 1. It appears from Petitioner’s filing that she seeks leave of Court to submit a late- filed federal habeas corpus petition by a state prisoner. Before a petitioner can appeal a district court decision denying or dismissing a habeas corpus petition, 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 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…