Ari v. Wilson

Filing 25

ORDER Disregarding as Moot Petitioner's 23 Motion for Decision signed by Magistrate Judge Gary S. Austin on 09/10/2009. (Flores, E)

1 2 3 4 5 6 7 8 9 10 11 ROXANNE ARI, 12 Petitioner, 13 14 15 DEBORAH L. PATRICK, 16 Respondent. 17 18 Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus 19 pursuant to 28 U.S.C. § 2254. 20 On November 28, 2007, judgment was entered and the instant petition was dismissed. (Docs. 21 9 & 10). Petitioner subsequently appealed the Court's ruling to the United States Court of Appeals 22 for the Ninth Circuit. (Doc. 14). This Court declined to issue a certificate of appealability and the 23 record was transmitted to the Ninth Circuit. (Docs. 15 & 17). 24 On February 17, 2009, Petitioner filed the instant motion requesting a decision in the case. 25 (Doc. 23). Although the motion was captioned for this Court, at the time the motion was filed, the 26 matter was pending on appeal in the Ninth Circuit and this Court had no jurisdiction to render a 27 decision in the case and thus no jurisdiction to grant Petitioner's motion for a decision. Accordingly, 28 1 v. ) ) ) ) ) ) ) ) ) ) ) ) 1:07-cv-00733-LJO-BAK-GSA HC ORDER DISREGARDING AS MOOT PETITIONER'S MOTION FOR DECISION (Doc. 23)

U N IT E D STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Petitioner's motion will be disregarded. Moreover, on February 23, 2009, the Ninth Circuit denied Petitioner's request for issuance of a certificate of appealability and denied all pending motions as moot. (Doc. 24). Accordingly, since a decision has now been rendered, to the extent that this Court ever had jurisdiction to rule on Petitioner's motion, the motion is now moot. For the foregoing reasons, the Court HEREBY ORDERS that Petitioner's motion for decision (Doc. 23), is DISREGARDED as MOOT. IT IS SO ORDERED. Dated: 6i0kij

September 10, 2009

/s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE

2