Vogt

Vogt v. Fisher

Good Law
United States District Court, Northern District of CaliforniaJune 3, 20223:20-cv-03130California306 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 KYLE VOGT, Case No. 20-cv-03130-EMC

Plaintiff,

ORDER DENYING PETITIONER’S

v. REQUEST FOR CERTIFICATE OF

APPEALABILITY

RAYTHEL FISHER, Docket No. 41 Defendant.

12 13 Petitioner Kyle Vogt filed a petition in this Court seeking a writ of habeas corpus pursuant to 28 U.S.C. § 2254. On May 23, 2022, this Court dismissed Petitioner’s request. See Docket No. 36. Petitioner subsequently filed a Notice of Appeal to the Ninth Circuit Court of Appeals, but did not include a request for a certificate of appealability pursuant to 28 U.S.C. § 2253. See Docket No. 39. On June 2, 2022, the Ninth Circuit ordered this Court to determine whether a certificate of appealability should issue pursuant to 28 U.S.C. § 2253(c). See United States v. Asrar, 116 F.3d 1268, 1270 (9th Cir. 1997) (“Upon the filing of a notice of appeal and a request for a certificate of appealability, the district court shall indicate which specific issue or…

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