Smith v. Davis

Opinion

1 2 3 6 7 TROY SMITH, Case No. 19-cy-08152-SI 8 Plaintiff, ORDER RE MOTION FOR 9 Vv. EXTENSION OF TIME TO FILE NOTICE OF APPEAL 10 ) RONALD DAVIS, Re: Dkt. No. 14, 17 11 Defendant. a 12

13 A certificate of appealability will not issue. See 28 U.S.C. § 2253(c). This is not a case in

v 14 || which “jurists of reason would find it debatable whether the petition states a valid claim of the

15 denial of a constitutional right and that jurists of reason would find it debatable whether the Q 16 || district court was correct in its procedural ruling.” Slack v. McDaniel, 529 U.S. 473, 484 (2000).

= 17 || This court’s denial of a certificate of appealability is without prejudice to petitioner requesting a

18 certificate of appealability in the U.S. Court of Appeals for the Ninth Circuit. 19 Petitioner’s request for an extension of the deadline to file a notice of appeal (Dkt.No. 14) 20 and motion for a certificate of appealability (Dkt. No. 17) are denied as moot due to the foregoing. 21 The deadline to file a notice of appeal will run from the entry of judgment filed concurrently with 22 this order. 23 25 Dated: August 25, 2020 Site WU tee 26 SUSAN ILLSTON United States District Judge 28