Whether the district court's denial of a certificate of appealability was an abuse of discretion that improperly foreclosed review of a potentially meritorious constitutional claim

No question identified. : N Mrtwo Clack, CDCR Kyo S2 pipe oe bay. & joh-sh: : t rr De Cotte c Yo Alva Road Sau Drege, Ca Faing RE: Clark vu Touts USEAY to. 15-304 ak Weg ee of pAL i The Worth Ciddarr, The moth Cucacr Saat ie ane aS NE Risa ndt Mi Uurke Te co : Rt 2 worl To nat ‘ my Appeal. Based ou The cadta | T €iled my Appeal Sp emidg best T Assumed Thar The comer Wouid Resch The memo of The tssutT emsed; TL have wer Received A » decision co My Appeal Feam The coua®. Thisis Aw wWTusticé Simek The cougt tzed wm baiek, d Sunceealy,— Male clef Melvin Clack Case: 25-301, 06/16/2025, DktEntry: 8.1, Page 1 of 1 UNITED STATES COURT OF APPEALS Fl L E D JUN 16 2025 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT No. 25-301 D.C. No. Central District of California, Los Angeles ORDER MELVIN CLARK, Plaintiff Appellant, v. GENA JONES, Warden, Defendant Appellee. Before: H.A. THOMAS and DESAI, Circuit Judges. Appellant’s request for a certificate of appealability (Docket Entry Nos. 4 & 6) is denied because appellant has not shown that “jurists of reason would find it debatable whether the petition states a valid claim of the denial of a constitutional right and that jurists of reason would find it debatable whether the district court was correct in its procedural ruling.” Slack v. McDaniel, 529 U.S. 473, 484 (2000); see also 28 U.S.C. § 2253(c)(2); Gonzalez v. Thaler, 565 U.S. 134, 140-41 (2012). Any pending motions are denied as moot. DENIED. MELVIN CLARK K-40450, Plaintiff Appellant Melvin Clark [Pro Se] Richard J. Donovan Correctional Facility 480 Alta Road San Diego, CA 92179 GENA JONES, Warden (A) Mr. Jonathan Matthew Krauss, Deputy Attomey Defendant Appellee General Email: jonathan. krauss@doj.ca.gov [Government] AGCA-Office of the California Attorney General 300 S Spring Street Suite 1702 Los Angeles, CA 90013 [ MELVIN CLARK, Vv. Plaintiff Appellant, GENA JONES, Warden (A), Defendant Appellee. Docket Date Filed Entry # OI/16/2025 1 01/16/2025 2 (L) LEGEND: (R) Restricted Document (L) Locked Document Public Docket Text CASE OPENED. A copy of your notice of appeal / petition filed in 2:22-cv07253-VBF-SP has been received in the Clerk's office of the United States Court of Appeals for the Ninth Circuit. The U.S. Court of Appeals docket number 25-301 has been assigned to this case. All communications with the court must indicate this Court of Appeals docket number. Please carefully review the docket to ensure the name(s) and contact information are correct. It is your responsibility to alert the court if your contact information changes. Resources Available For more information about case processing and to assist you in preparing your brief, please review the Case Opening Information (for attorneys and pro se litigants) and review the Appellate Practice Guide. Attorneys should consider contacting the court's Appellate Mentoring Program for help with the brief and argument. [Entered: 01/16/2025 01:50 PM] SCHEDULE NOTICE. Appeal Opening Brief (No Transcript Due) (Appellant) 2/25/2025, Appeal Answering Brief (No Transcript Due) (Appellee) 3/27/2025. For appeal no. 25-301, All briefs shall be served and filed pursuant to FRAP 31 and 9th Cir. R. 31-2.1. Failure of the Date Filed Entry 01/17/2025 4 01/21/2025 3 02/07/2025 5 02/27/2025 6 02/27/2025 7 06/16/2025 8 06/26/2025 9 Public Docket Text to comply with this briefing schedule will result in automatic dismissal of the appeal. See 9th Cir. R. 42-1. DEFECTIVE -[COURT UPDATE: district court denied COA; will issue new docketing notice]. [Entered: 01/16/2025 01:52 PM] [Edited: 01/21/2025 08:46 AM] MOTION for Certificate of Appealability filed by Appellant Melvin Clark. (Entered: 01/21/2025 09:17 AM] COA SCHEDULE NOTICE. Needs a certificate of appealability. Date COA denied in DC: 12/10/2024. [Entered: 01/21/2025 08:50 AM] Originating Court Notice of Fee Received. [Entered: 02/07/2025 02:10 PM] OPENING BRIEF submitted for filing by Appellant Melvin Clark. [Entered: 02/27