TEMPLE v. WARDEN

HELEN BERRIGAN, Chief Judge

A notice of appeal having been filed in the captioned habeas corpus case, in which the detention complained of arises out of process issued by a state court, the court, considering the record in the case and the requirement of FRAP 22(b), hereby orders that:

a certificate of appealability shall be issued having found that petitioner has made a substantial showing of the denial of a constitutional right related to the following issue(s): ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________

[X] a certificate of appealability shall not be issued for the following reason(s): ____________________________________________________________________ Petitioner has not made a substantial showing of the denial of a constitutional right ____________________________________________________________________