Kidwell v. Ryan et al

Filing 23

ORDERED re: 18 Order, that a certificate of appealability is DENIED, because reasonable jurists would not find the Courts ruling debatable. See 28 U.S.C. § 2253. Signed by Magistrate Judge Bruce G Macdonald on 1/4/2017. (BAR)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Thomas Alec Kidwell,

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Petitioner,
ORDER

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No. CV-13-0770-TUC-BGM

v.
Charles L. Ryan, et al.,

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Respondents.

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On August 11, 2016, this Court issued its Order (Doc. 18) denying Petitioner
Thomas Alec Kidwell’s pro se Petition Under 28 U.S.C. § 2254 for a Writ of Habeas

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Corpus by a Person in State Custody (Non-Death Penalty) as untimely. On August 29,

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2016, Petitioner filed his Notice of Appeal to the Ninth Circuit Court of Appeals (Doc.

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20). On November 23, 2016, the Ninth Circuit Court of Appeal remanded the matter “for

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the limited purpose of granting or denying a certificate of appealability[.]” Ninth Cir. Ct.

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App. Case No. 16-17088, Order 11/23/2016 (Doc. 22).

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Having reviewed the Court’s August 11, 2016 Order (Doc. 18), IT IS HEREBY
ORDERED that a certificate of appealability is DENIED, because reasonable jurists

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would not find the Court’s ruling debatable. See 28 U.S.C. § 2253.
Dated this 4th day of January, 2017.

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Honorable Bruce G. Macdonald
United States Magistrate Judge

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