Crayton v. Hedgpeth et al

Filing 264

ORDER re 263 Verified Motion for Certificate of Appealability signed by District Judge William Haskell Alsup on 12/12/2013. Pro bono counsel is directed to review the motion and accompanying documents and file a statement by 12/17/2013 at noon addressing whether this motion is withdrawn or will be re-noticed and re-filed on the docket. (Jessen, A)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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TIMOTHY CRAYTON,
No. C 08-00621 WHA (NJV) (PR)

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For the Northern District of California

United States District Court

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Plaintiff,
v.
ORDER RE VERIFIED MOTION
FOR CERTIFICATE OF
APPEALABILITY

CORRECTIONAL OFFICER
A. HEDGEPETH, et al.,
Defendants.
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On December 12, the clerk of the Eastern District of California received a “verified

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motion for a certificate of appealability, with objection, regarding denial of leave to file

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supplemental complaint” with a declaration and twenty exhibits. The notice, however, is dated

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October 30 and signed by Timothy Crayton, “Pro se attorney of record.”

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In a December 2 order, this Court set the final pretrial conference for January 22 and the

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trial for January 27. Pro bono counsel was appointed on December 10, after the date that

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appears on the notice for the verified motion, but before the verified motion was received.

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The undersigned judge has been informed by his clerk that pro bono counsel intends to

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move on an expedited basis to continue the January 27 trial date. This order requests that pro

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bono counsel review the verified motion and accompanying documents and file a statement (no

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more than FIVE PAGES) by DECEMBER 17 AT NOON addressing whether this verified motion is

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withdrawn or will be re-noticed and re-filed on the docket.

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In the interim, this verified motion and its accompanying documents will be filed on the

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docket. The clerk is directed not to process this as a notice of appeal until pro bono counsel has

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had an opportunity to review the verified motion and accompanying documents.

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IT IS SO ORDERED.

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Dated: December 12, 2013.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

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For the Northern District of California

United States District Court

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