BEARDSLEE v. BROWN

No. 01-99007.

393 F.3d 899 (2004)

Donald BEARDSLEE, Petitioner-Appellant, v. Jill BROWN, Warden of the California State Prison at San Quentin, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

December 16, 2004.


Attorney(s) appearing for the Case

Lester S. Rosen, Novato, CA, Steven S. Lubliner, Esq., Law Offices of Steven S. Lubliner, Petaluma, CA, Dane R. Gillette, Gerald A. Engler, Office of the California Attorney General, San Francisco, CA, for Respondent-Appellee.

Before TASHIMA, THOMAS, and PAEZ, Circuit Judges.


ORDER

PER CURIAM.

In Beardslee v. Woodford, 358 F.3d 560 (9th Cir.2004), we affirmed the denial of federal habeas relief in this capital case. Subsequently, the Supreme Court denied Beardslee's petition for a writ of certiorari. Beardslee v. Brown, ___ U.S. ___, 125 S.Ct. 281, 160 L.Ed.2d 68 (2004). Beardslee has now requested the issuance of a certificate of appealability ("COA"), arguing that he is entitled...

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