Summary
This district court order addresses a request from the Ninth Circuit concerning the issuance of a certificate of appealability (COA) for petitioner Edwin R. Coston (a/k/a Allah). Reviewing the record under 28 U.S.C. § 2253(c)(3), the court concludes that the petitioner failed to make a substantial showing of the denial of a constitutional right. Accordingly, the court denies the COA and instructs the clerk to serve copies on all parties and counsel.
Topics
Practice areas
Questions Presented
- Whether the petitioner made a substantial showing of the denial of a constitutional right sufficient to warrant issuance of a certificate of appealability.
Holdings
- The court denied the certificate of appealability because the petitioner did not make a substantial showing of the denial of a constitutional right.
Key quotations
“The Court DENIES issuance of a COA.” (at 1)
“A COA may be issued only where a petitioner has made “a substantial showing of the denial of a constitutional right.” See 28 U.S.C. § 2253(c)(3).” (at 1)
Factual background
Petitioner Allah, a prisoner, sought a certificate of appealability asserting that his constitutional claims were denied. The court evaluated whether he made a substantial showing of such denial.
Procedural history
The district court considered the Ninth Circuit’s order and denied the petition for a certificate of appealability.