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

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA UNITED STATES OF AMERICA, Plaintiff/Appellee, vs. FABIAN FRANCO-SAENZ, Defendant/Appellant, ) ) ) ) ) ) )

CASE NO. CR 04-965-PHX-SMM CV07-187-PHX-SMM (HCE) ORDER re: CERTIFICATE OF APPEALABILITY AND IN FORMA PAUPERIS STATUS

I, Stephen M. McNamee, Judge of the United States District Court for the District of Arizona, certify that I have examined the motion to vacate/set aside sentence pursuant to 28 U.S.C. § 2255 filed in this Court by Fabian Franco-Saenz 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 motion pursuant to 28 U.S.C. §2255, 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 right with respect to the following issues: . / X / 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. I further certify that I am ruling on this Certificate of Appealability at the request of the Ninth Circuit only if the Circuit deems it to be necessary. DATED this 28th day of March, 2007.

Case 2:04-cr-00965-SMM

Document 42

Filed 03/29/2007

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