Salcido

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 MARTIN SEANZ SALCIDO, Case No. 20-cv-01942-YGR (PR)

Petitioner, ORDER DENYING REQUEST FOR

CERTIFICATE OF APPEALABILITY

v.

R. C. JOHNSON, Warden, Respondent.

Petitioner filed the instant pro se petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. On June 26, 2020, the Court dismissed the petition because it was a second petition, successive to his previous case, Case No. C 02-05541-MJJ (PR), and he had not obtained from the Ninth Circuit Court of Appeals an order authorizing the district court to consider the petition. Thereafter, Petitioner filed a notice of appeal. The Court construes Petitioner’s notice of appeal as an application for a certificate of appealability (“COA”). See United States v. Asrar, 116 F.3d 1268, 1270 (9th Cir. 1997); 28 U.S.C. § 2253(c)(3). An appeal may not be taken to the court of appeals from the final order in a habeas corpus proceeding unless the petitioner first obtains a COA. See 28 U.S.C. §…