Warden

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 AARON BJORKSTRAND, No. 1:22-cv-00442-JLT-SKO (HC) Appeal No. 22-16014 Petitioner,

v. ORDER DECLINING ISSUANCE OF

CERTIFICATE OF APPEALABILITY

WARDEN, CSP/COR,

ORDER DIRECTING CLERK OF COURT TO

Respondent. SERVE COPY OF ORDER ON NINTH

CIRCUIT COURT OF APPEALS

16 The Court dismissed the petition for failure to state a cognizable habeas claim. (Doc. 7.) Petitioner appealed, and it was processed to the Ninth Circuit Court of Appeals. (Docs. 9, 10.) On September 7, 2022, the Ninth Circuit remanded the case to this Court for the limited purpose of granting or denying a certificate of appealability. (Doc. 13.) A state prisoner seeking a writ of habeas corpus has no absolute entitlement to appeal a district court’s denial of his petition, and an appeal is only allowed in certain circumstances. Miller-El v. Cockrell, 537 U.S. 322, 335-36 (2003). The controlling statute in determining whether to issue a certificate of…