JOHN FORREST ZUMBRO, Petitioner, v. A.P. KANE, Warden, et al., Respondents.

No. C-06-6010 RMW (PR).United States District Court, N.D. California.
June 29, 2010

RONALD WHYTE, District Judge

This case has been remanded to the district court for the limited purpose of granting or denying a certificate of appealability. See 28 U.S.C. § 2253(c); Fed.R.App.P. 22(b); United States v. Asrar, 116 F.3d 1268, 1270 (9th Cir. 1997). Petitioner filed an appeal of the district court’s denial of his petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 challenging the California Board of Prison Terms decision denying him parole. Therefore, the district court is required to grant or deny a certificate of appealability in the first instance.

The court finds that jurists of reason would find it debatable whether petitioner’s right to due process was violated by the Parole Board’s decision denying him parole based upon his contention that there is no evidence to support the Board’s finding that he is unsuitable for parole. Therefore, the request for a certificate of appealability is GRANTED.

The clerk shall transmit the file, including a copy of this order, to the Court of Appeals. See Fed.R.App.P. 22(b).