Vogt v. Fisher

Opinion

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 KYLE VOGT, Case No. 20-cv-03130-EMC

8 Plaintiff, ORDER DENYING PETITIONER’S 9 v. REQUEST FOR CERTIFICATE OF APPEALABILITY 10 RAYTHEL FISHER, Docket No. 41 11 Defendant.

12 13 14 Petitioner Kyle Vogt filed a petition in this Court seeking a writ of habeas corpus pursuant 15 to 28 U.S.C. § 2254. On May 23, 2022, this Court dismissed Petitioner’s request. See Docket No. 16 36. Petitioner subsequently filed a Notice of Appeal to the Ninth Circuit Court of Appeals, but did 17 not include a request for a certificate of appealability pursuant to 28 U.S.C. § 2253. See Docket 18 No. 39. On June 2, 2022, the Ninth Circuit ordered this Court to determine whether a certificate 19 of appealability should issue pursuant to 28 U.S.C. § 2253(c). See United States v. Asrar, 116 20 F.3d 1268, 1270 (9th Cir. 1997) (“Upon the filing of a notice of appeal and a request for a 21 certificate of appealability, the district court shall indicate which specific issue or issues satisfy the 22 standard for issuing a certificate, or state its reasons why a certificate should not be granted.”). 23 /// 24 /// 25 /// 26 /// 27 /// 1 The certificate of appealability is DENIED because this is not a case in which “reasonable 2 jurists would find the district court’s assessment of the constitutional claims debatable or wrong.” 3 Slack v. McDaniel, 520 U.S. 473, 484 (2000). 4 The Clerk shall forward this order to the Court of Appeals for the Ninth Circuit. 5 6 IT IS SO ORDERED. 7 8 Dated: June 3, 2022 9 10 ______________________________________ EDWARD M. CHEN 11 United States District Judge 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27