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, Plaintiff/Appellee, vs. JOSE RAMON GAUNA-MENDOZA, APPEALABILITY Defendant/Appellant, ) ) ) ) ) ) ) )

CASE NO. CR 02-0080-PHX-SRB CV 05-2126-PHX-SRB (DKD) ORDER ) re: CERTIFICATE OF

and IN FORMA PAUPERIS STATUS

I,

Susan R. Bolton

, Judge of the United States District Court for the District Jose Ramon Gauna-Mendoza

of Arizona, certify that I have examined the Petition of

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. The applicant has not made a substantial showing of the denial of a constitutional right. In Forma Pauperis status denied as to this appeal.

Case 2:02-cr-00080-SRB

Document 160

Filed 12/23/2005

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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 22nd day of December, 2005.

Case 2:02-cr-00080-SRB

Document 160

Filed 12/23/2005

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