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

1 2 3 4 5 6 7 8 9 10 11 12 DORA SCHRIRO, et al., 13 Respondents/Appellees. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
Case 2:04-cv-00573-FJM Document 64 Filed 10/03/2006 Page 1 of 1

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

WILLIAM FLOYD SMITH, Petitioner/Appellant, vs.

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No. CV-04-0573-PHX-FJM ORDER

The petitioner having filed a notice of appeal, Rule 22(b), Fed. R. App. P. , requires this court to either issue a certificate of appealability or state why a certificate should not issue. The court has reviewed the petition and the order denying it and concludes that petitioner has failed to make a substantial showing of the denial of a constitutional right within the meaning of 28 U.S.C. § 2253(c). IT IS THEREFORE ORDERED DENYING a certificate of appealability and DENYING petitioner's in forma pauperis status as to his appeal. DATED this 2nd day of October, 2006.