White v. Clark

Filing 37

ORDER signed by Chief Judge Anthony W. Ishii on 7/25/2011 disregarding 36 Motion to file additional declaration in support of Notice of Appeal. (Lundstrom, T)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 ADRIAN JOE WHITE, 11 Petitioner, 12 v. 13 KEN CLARK, Warden, 14 Respondent. 15 ) ) ) ) ) ) ) ) ) ) 1:09-CV-0130 AWI-JMD HC ORDER DISREGARDING PETITIONER’S REQUEST TO FILE ADDITIONAL DECLARATION IN SUPPORT OF HIS NOTICE OF APPEAL (Doc. 36) 16 Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus 17 pursuant to 28 U.S.C. § 2254. 18 On October 1, 2010, the Magistrate Judge issued a Findings and Recommendation (“F&R”) 19 and on April 6, 2011, the Court issued an order adopting the F&R in full. See Docs. 25, 30. On May 20 11, 2011, Petitioner filed a Notice of Appeal which, according to the document, was signed by 21 Petitioner on May 6, 2011. See Doc. 32. On June 2, 2011, Petitioner’s appeal was processed to the 22 Court of Appeal for the Ninth Circuit. See Doc 33. On June 8, 2011 Petitioner filed the instant 23 motion. 24 Petitioner’s motion appears to express concern regarding the timeliness of his notice of 25 appeal. Petitioner notes that the Court of Appeal, “never acknowledged receipt of [his] notice of 26 appeal.” See Doc. 36 at 2. Notwithstanding Petitioner’s concern, his appeal has already been 27 processed to the Ninth Circuit. 28 U .S. D istrict C ourt E. D . C alifornia 1 1 Accordingly, IT IS HEREBY ORDERED that Petitioner’s motion to file an additional 2 declaration in support of his notice of appeal is DISREGARDED. 3 IT IS SO ORDERED. 4 5 Dated: 0m8i78 July 25, 2011 CHIEF UNITED STATES DISTRICT JUDGE 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 U .S. D istrict C ourt E. D . C alifornia 2

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