Soloman

Soloman v. Black

Good Law
United States District Court, Northern District of CaliforniaMarch 5, 20243:23-cv-04799California556 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 NEBIYU SOLOMAN, Case No. 23-cv-04799-JSC

Plaintiff,

ORDER DENYING CERTIFICATE OF

v. APPEALABILITY

JASON BLACK, Defendant.

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

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