Vogt v. Fisher
- Edward Chen
- 3:20-cv-03130
- U.S. District Court · Northern District of California
- 2
In Vogt v. Fisher, Judge Chen denied a certificate needed to appeal dismissal of Vogt’s federal habeas petition.
Kyle Vogt’s ability to appeal the dismissal of his federal habeas petition was affected; the certificate of appealability was denied.
What happened
In Vogt v. Fisher, Kyle Vogt asked the court for a writ of habeas corpus under federal law. The court had dismissed his petition on May 23, 2022.
Vogt appealed to the Ninth Circuit but did not request a certificate of appealability. The appeals court sent the matter back for the district court to decide whether a certificate should issue. The district court denied the certificate because reasonable judges would not find its assessment of Vogt’s constitutional claims debatable or wrong.
Judge Edward M. Chen ordered the Clerk to send the order to the Ninth Circuit. The order addressed Vogt’s ability to pursue an appeal and did not revisit the earlier dismissal’s underlying reasoning.
The detailed version
- Vogt v. Fisher · No. 3:20-cv-03130
- Edward Chen
- June 3, 2022
Background
Kyle Vogt filed a petition seeking a writ of habeas corpus under 28 U.S.C. § 2254. On May 23, 2022, the court dismissed the petition. Vogt then filed a notice of appeal to the Ninth Circuit Court of Appeals but did not include a request for a certificate of appealability, which is required for this type of appeal.
The Ninth Circuit directed the district court to decide whether a certificate of appealability should issue under 28 U.S.C. § 2253(c).
Ruling
The court denied the certificate of appealability. Applying the standard stated in Slack v. McDaniel, the court concluded that this was not a case in which reasonable judges would find the district court’s assessment of the constitutional claims debatable or wrong.
The Clerk was ordered to forward the order to the Ninth Circuit. This order ruled on the certificate of appealability and did not provide additional analysis of the earlier dismissal of Vogt’s petition.
Disposition
The request for a certificate of appealability was denied.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.