Davis

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 || TROY SMITH, Case No. 19-cy-08152-SI Plaintiff,

ORDER RE MOTION FOR

Vv. EXTENSION OF TIME TO FILE

NOTICE OF APPEAL

|) RONALD DAVIS, Re: Dkt. No. 14, 17 Defendant. a

A certificate of appealability will not issue. See 28 U.S.C. § 2253(c). This is not a case in

v || which “jurists of reason would find it debatable whether the petition states a valid claim of the

|| denial of a constitutional right and that jurists of reason would find it debatable whether the Q 16 || district court was correct in its procedural ruling.” Slack v. McDaniel, 529 U.S. 473, 484 (2000).

= || This court’s denial of a certificate of appealability is without prejudice to petitioner requesting a

18 || certificate of appealability in the U.S. Court of Appeals for the Ninth Circuit. Petitioner’s request for an extension of the deadline to file a notice of appeal (Dkt.No. 14) 20 || and motion for a…