Free Certificate of Appealability Denied - District Court of Arizona - Arizona


File Size: 34.7 kB
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Date: December 1, 2005
File Format: PDF
State: Arizona
Category: District Court of Arizona
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Preview Certificate of Appealability Denied - District Court of Arizona
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
)
BARRY AMMONS, ) CASE NO. CV 04-0687-PHX-SMM
Petitioner! Appellant, )
) ORDER
vs. )
) re: CERTIFICATE OF APPEALABILITY
DORA SCHRIRO, et al, ) and IN FORMA PAUPERIS STATUS
Respondents/Appellees, )
I, Stephen M. McNamee , Judge of the United States District Court for the
District of Arizona., certify that I have examined the Petition of Barry Amrnons for
issuance of a Certificate of Appealability, together with the application for a Writ of Habeas
Corpus filed in this Court, and FIND:
/_/ Certificate of Appealability Granted. Probable cause exists for the appeal taken in the
above—named cause through the United States Court of Appeals for the Ninth Circuit
from the Order of this Court denying petitioner's application for Writ of Habeas
Corpus, and GRANTS that petitioner be allowed to proceed in forma pauperis for this
appeal. The appellant has made a substantial showing of the denial of a constitutional
I right with respect to the following issues:
[ .
M Certificate of Appealability Denied. Probable cause does not exist for the appeal. The
applicant has not made a substantial showing of the denial of a constitutional right.
In Forma Pauperis status denied as to this appeal. S **"* ·$*""§' TI" H)
·Hw. Lg ua-·riJ u.·rf*¢N enchr d~h•·yu•? {Q ?L¢r'u¥fFFi' e barn .
The clerk shall forthwith notify the parties of the entry of this Order regarding
Certificate of Appealability and In Forma Pauperis Status on Appeal.
Dated this JJ day of M¢}· , 2005.
CHEF UNITED STATES DISTRICT JUDGE
I Case 2:O4—cv—OO687—SI\/II\/I Document 30 Filed 12/O2/2005 Page 1 of 1

Case 2:04-cv-00687-SMM

Document 30

Filed 12/02/2005

Page 1 of 1