U.S. Court of Appeals for the Ninth Circuit, 2011

Tuvalu v. Gary Sandor

Tuvalu v. Gary Sandor
U.S. Court of Appeals for the Ninth Circuit · Decided March 16, 2011 · Farris, Leavy, Bybee
421 F. App'x 768

Tuvalu v. Gary Sandor

Opinion

MEMORANDUM **

California state prisoner Tutuila F. Tuvalu appeals pro se from the district court’s judgment denying his 28 U.S.C. § 2254 habeas petition. We dismiss.

After briefing was completed in this case, this court held that a certificate of appealability is required to challenge the denial of parole. See Hayward v. Marshall, 603 F.3d 546, 554-55 (9th Cir. 2010) (en banc). Because Tuvalu has not made a substantial showing of the denial of a constitutional right, we decline to certify his claims. See 28 U.S.C. § 2253(c).

All outstanding motions are denied as moot.

DISMISSED.

**

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

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