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, )
l ) CASE N0. CR 02-0506—PHX—EHC
Plaintiff/Appellee, ) CV 04—0695-PHX-EHC (MS)
)
vs. ) ORDER
)
ERNESTO YEPEZ-BEDOLLA, ) re: CERTIFICATE OF APPEALABILITY
l ) and IN FORMA PAUPERIS STATUS
Defendant/Appellant, )
` I, Earl H. Carroll , Judge of the United States District Court for the District
of Arizona, certify that I have examined the Petition of Ernesto Yepez-Bedolla for
issuance of a Certificate of Appealabiiity, together with the motion to vacate/set aside
sentence pursuant to 28 U.S.C. § 2255 filed in this Cotut, 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:
/_|,/ Certificate of Appealability Denied. Probable cause does not exist forthe 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 Appealabilty and In Forma Pauperis Status on Appeal.
Dated this [ E day of @ 2005.
UNITED STATES DISTRICT JUDGE
Case 2:02—cr—00506-EHC Document 95 Filed 08/23/2005 Page 1 of 1

Case 2:02-cr-00506-EHC

Document 95

Filed 08/23/2005

Page 1 of 1