Garvie v. Bennett

Opinion

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5 6 7 UNITED STATES DISTRICT COURT 8 WESTERN DISTRICT OF WASHINGTON AT SEATTLE 9 10 EUGENE BRIAN GARVIE, CASE NO. 2:24-cv-00531-LK 11 Petitioner, ORDER DENYING CERTIFICATE 12 v. OF APPEALABILITY 13 JASON BENNETT, 14 Respondent. 15

16 This matter comes before the Court on a Docketing Notice from the Ninth Circuit Court of 17 Appeals stating that “[n]o briefing schedule will be set until this court and/or the district court 18 determines whether a certificate of appealability (COA) should issue.” Dkt. No. 20 at 1. This Court 19 previously dismissed the case because Petitioner Eugene Garvie failed to prosecute his case, pay 20 the required filing fee, or comply with the Court’s Order to Show Cause. Dkt. No. 17 at 3–4. 21 A certificate of appealability may issue only where a petitioner has made “a substantial 22 showing of the denial of a constitutional right.” See 28 U.S.C. § 2253(c)(2). A petitioner satisfies 23 this standard “by demonstrating that jurists of reason could disagree with the district court’s 24 resolution of his constitutional claims or that jurists could conclude the issues presented are 1 adequate to deserve encouragement to proceed further.” Miller-El v. Cockrell, 537 U.S. 322, 327 2 (2003). Under this standard, this Court concludes that Mr. Garvie is not entitled to a certificate of 3 appealability in this matter. 4 Dated this 10th day of September, 2024.

5 A 6 Lauren King United States District Judge 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23