Haywood

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 ERICA D. HAYWOOD, Case No. 19cv1784 - MMA (RBB)

Petitioner,

ORDER DECLINING TO ISSUE

v. CERTIFICATE OF

APPEALABILITY

SAN DIEGO SHERIFF, et al.,

Respondents. 16 Erica D. Haywood (“Petitioner”), a state prisoner proceeding pro se, filed a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254. See Doc. No. 1. On September 24, 2019, the Court dismissed the petition without prejudice as barred under the abstention doctrine. The Court further determined that Petitioner’s claims should be brought in an action pursuant to 42 U.S.C. § 1983—not in a § 2254 petition. Doc. No. 3 at 1, 3. Rule 11 of the Federal Rules Governing Section 2254 Cases states that “the district court must issue or deny a certificate of appealability when it enters a final order adverse to the applicant.” A certificate of appealability (“COA”) is not issued unless there is “a substantial showing of the denial of…