Campos v. Yates, et al.

Filing 30

ORDER DENYING as MOOT Petitioner's 21 Motion for Extension of Time for Requesting Issuance of a Certificate of Appealability, signed by Magistrate Judge Sandra M. Snyder on 09/10/2009. (Sondheim, M)

1 2 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT FOR THE 8 EASTERN DISTRICT OF CALIFORNIA 9 10 11 RALPH WILLIAM CAMPOS, 12 13 14 15 16 17 18 19 Petitioner is a state prisoner proceeding pro se in an application for a writ of habeas 20 corpus pursuant to 28 U.S.C. § 2254. 21 On May 21, 2008, the Magistrate Judge filed a Findings and Recommendations to 22 dismiss the petition. (Doc. 15). On July 8, 2008, the Court entered an order adopting the 23 Magistrate Judge's Findings and Recommendations and dismissing Petitioner's application for a 24 writ of habeas corpus. (Doc. 17). Judgment was entered on July 8, 2008. (Doc. 18). 25 On August 14, Petitioner filed a notice of appeal (Doc. 22), and, at the same time, also 26 filed the instant motion for extension of time to file his request for issuance of a certificate of 27 28 ) ) Petitioner, ) v. ) ) JAMES A. YATES, ) ) ) Respondent. ) ) ____________________________________) 1:07-cv-01388-OWW-BAK-SMSHC ORDER DENYING AS MOOT PETITIONER' S MOTION FOR EXTENSION OF TIME FOR REQUESTING ISSUANCE OF A CERTIFICATE OF APPEALABILITY (Doc. 21)

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appealability. (Doc. 21). On August 20, 2008, the Court declined to issue a certificate of appealability, thus making moot Petitioner's request for an extension of time to request issuance of a certificate of appealability. (Doc. 24). For the foregoing reasons, the Court HEREBY ORDERS that Petitioner's motion for an extension of time to request issuance of a certificate of appealability (Doc. 21), is DENIED as MOOT.

IT IS SO ORDERED. Dated: icido3 September 10, 2009 /s/ Sandra M. Snyder UNITED STATES MAGISTRATE JUDGE

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