Brewer

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 SAMUEL GRAY, Case No. 2:22-cv-01659-JDP (HC) Petitioner, v. ORDER DAVID BREWER, Respondent. 16 On April 7, 2023, the court granted respondent’s motion to dismiss and dismissed this case. ECF Nos. 12 & 13. Petitioner appealed and the Ninth Circuit remanded for the limited purpose of granting or denying a certificate of appealability. The court declines to issue a certificate. Under 28 U.S.C. § 2253(c), a federal prisoner must seek and obtain a certificate of appealability to appeal the district court’s denial of relief under 28 U.S.C. § 2255. 28 U.S.C. § 2253(c)(1). A certificate is also required where, as here, a motion under § 2255 is disguised as a petition under § 2241. See Porter v. Adams, 244 F.3d 1006, 1007 (9th Cir. 2001). A “certificate of appealability may issue . . . only if the applicant has made a substantial showing of the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2). …