Vogt v. Fisher

Opinion

KYLE VOGT, Case No. 20-cv-03130-EMC

Plaintiff, ORDER DENYING PETITIONER’S v. REQUEST FOR CERTIFICATE OF APPEALABILITY Docket No. 41 Defendant.

Petitioner Kyle Vogt filed a petition in this Court seeking a writ of habeas corpus pursuant to 28 U.S.C. § 2254. On May 23, 2022, this Court dismissed Petitioner’s request. See Docket No. 36. Petitioner subsequently filed a Notice of Appeal to the Ninth Circuit Court of Appeals, but did not include a request for a certificate of appealability pursuant to 28 U.S.C. § 2253. See Docket No. 39. On June 2, 2022, the Ninth Circuit ordered this Court to determine whether a certificate of appealability should issue pursuant to 28 U.S.C. § 2253(c). See United States v. Asrar, 116 F.3d 1268, 1270 (9th Cir. 1997) (“Upon the filing of a notice of appeal and a request for a certificate of appealability, the district court shall indicate which specific issue or issues satisfy the standard for issuing a certificate, or state its reasons why a certificate should not be granted.”). /// /// /// /// /// The certificate of appealability is DENIED because this is not a case in which “reasonable jurists would find the district court’s assessment of the constitutional claims debatable or wrong.” Slack v. McDaniel, 520 U.S. 473, 484 (2000). The Clerk shall forward this order to the Court of Appeals for the Ninth Circuit. Dated: June 3, 2022 ______________________________________ EDWARD M. CHEN United States District Judge