(HC)Sjodin
(HC)Sjodin v. State of California
Opinion
trial_court Opinion
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 KIRK ARDELL SJODIN, JR., No. 1:23-cv-00236-ADA-CDB (HC) 12 Petitioner, 13 v. ORDER DECLINING TO GRANT
CERTIFICATE OF APPEALABILITY
14 STATE OF CALIFORNIA,
15 Respondent.
16 17 On May 31, 2023, the court adopted findings and recommendations that the petition for 18 writ of habeas corpus be dismissed. (ECF No. 22.) On June 28, 2023, petitioner filed a notice of 19 appeal. (ECF No. 24.) 20 Under Rule 11(a) of the Federal Rules Governing Section 2254 Cases, the court has 21 considered whether to issue a certificate of appealability. Before petitioner can appeal this 22 decision, a certificate of appealability must issue. See 28 U.S.C. § 2253(c); Fed. R. App. P. 22(b). 23 Where the petition is denied on the merits, a certificate of appealability may issue under 24 28 U.S.C. § 2253 “only if the applicant has made a substantial showing of the denial of a 25 constitutional right.” 28 U.S.C. § 2253(c)(2). The court must either issue a certificate of 26 …