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

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA ) ) ) ) ) ) ) )

MARK MATTHEW GARLINGER, Petitioner/Appellant, vs. I. BARTOS, et al, Respondents/Appellees, I, Earl H. Carroll

CASE NO.

CV 03-2027-PHX-EHC ORDER

re: CERTIFICATE OF APPEALABILITY and IN FORMA PAUPERIS STATUS

, Judge of the United States District Court for the District of Mark Matthew Garlinger for

Arizona, certify that I have examined the Petition of Habeas Corpus filed in this Court, and FIND: / /

issuance of a Certificate of Appealability, together with the application for a Writ of

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 right with respect to the following issues: .

// / 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. 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 1st day of September, 2005.

Case 2:03-cv-02027-EHC

Document 28

Filed 09/02/2005

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