Free Certificate of Appealability - District Court of Arizona - Arizona

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

Curtis Graylin Simmons, Petitioner/Appellant, vs. Dora Schriro, et al.,

13 Respondents/Appellees. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
Case 2:03-cv-02172-NVW

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CV 03-02172 PHX NVW ORDER re: CERTIFICATE OF APPEALABILITY and IN FORMA PAUPERIS STATUS

I, Neil V. Wake, Judge of the United States District Court for the District of Arizona, certify that I have examined the Petition of Curtis Graylin Simmons for issuance of a Certificate of Appealability, together with the application for Writ of Habeas Corpus filed in this court, and FIND as follows: /X/ Certificate of Appealability is 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. The court further 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: Because this appeal involves a prior mandate of the court of appeals, it is appropriate for the court of appeals to review its mandate.

Document 75

Filed 12/06/2007

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Certificate of Appealability is 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 is DENIED as to this appeal. The clerk shall forthwith notify the parties of the entry of this Order re: Certificate

of Appealability and In Forma Pauperis Status on appeal. DATED this 5th day of December 2007.

-2Case 2:03-cv-02172-NVW Document 75 Filed 12/06/2007 Page 2 of 2