Soloman

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 NEBIYU SOLOMAN, Case No. 23-cv-04799-JSC

8 Plaintiff,

ORDER DENYING CERTIFICATE OF

9 v. APPEALABILITY

10 JASON BLACK, Defendant. 11

12 Petitioner is a detainee at Atascadero State Hospital proceeding without representation by a 13 lawyer. He filed a petition for a writ of habeas corpus under 28 U.S.C. § 2241. (ECF No. 6.) The 14 Court dismissed the petition without prejudice to refiling after state court remedies are exhausted. 15 (ECF No. 14.) Petitioner appealed, and the United States Court of Appeals ordered this Court to 16 rule on whether a certificate of appealability (“COA”) should be issued under 28 U.S.C. § 17 2253(c)(1)(A). (ECF No. 18.) 18 “Determining whether a COA should issue where the petition was dismissed on procedural 19 grounds has two components, one directed at the underlying constitutional claims and one directed 20 at the district court’s procedural holding.” Slack v. McDaniel, 529 U.S. 473, 484-85 (2000). 21 When, as here, “the…