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

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA ) ) Plaintiff/Appellee, ) ) vs. ) ) CRISTOBAL CARRERA-ACOSTA, ) ) Defendant/Appellant, ) UNITED STATES OF AMERICA,

CR 03-1048-PHX-JAT CV 05-2121-PHX-JAT (MEA) ORDER re: CERTIFICATE OF APPEALABILITY and IN FORMA PAUPERIS STATUS

I, James A. Teilborg Judge of the United States District Court for the District of Arizona, certify that I have examined the Petition of Cristobal Carrera-Acosta for issuance of a Certificate of Appealability, together with the motion to vacate/set aside sentence pursuant to 28 U.S.C. § 2255 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 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. Jurists of reason would not find this Court's conclusion that the motion/petition is barred by the statute of limitations to be debatable. See Slack v. McDaniel, 529 U.S. 473, 484 (2000). 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 20th day of June, 2006.

Case 2:03-cr-01048-JAT

Document 42

Filed 06/21/2006

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