David Carter v. James D Hartley

Filing 28

ORDER denying Petitioner's Application for Certificate of Appealability as moot; denying Motion that Docketing Fee be waived as moot and denying Motion for copy of Transcript as moot re 25 signed by Magistrate Judge Jennifer L. Thurston on 3/21/2017. (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DAVID CARTER,

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Petitioner,

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v.

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JAMES D. HARTLEY, Warden,

No. 1:12-cv-00829-AWI-JLT (HC)
ORDER DENYING PETITIONER’S
APPLICATION FOR CERTIFICATE OF
APPEALABILITY AS MOOT [Doc. No. 25]
ORDER DENYING PETITIONER’S
MOTION THAT DOCKETING FEE BE
WAIVED AS MOOT [Doc. No. 25]

Respondent.

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ORDER DENYING MOTION FOR COPY
OF TRANSCRIPT AS MOOT [Doc. No. 25]

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On July 23, 2012, the District Court issued an order adopting the Findings and

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Recommendations and dismissing the case. In addition, the Court declined to issue a certificate

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of appealability. On August 13, 2012, Petitioner filed a notice of appeal and the appeal was

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processed to the Ninth Circuit Court of Appeals. Petitioner also filed motions to proceed in forma

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pauperis on appeal, and the motions were granted on August 14, 2012.
On August 22, 2012, Petitioner filed a motion for certificate of appealability. The motion

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must be denied as moot. First, the District Court already declined to issue a certificate of

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appealability on July 23, 2012. Second, the Ninth Circuit dismissed the appeal on March 17,

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2017.

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On September 19, 2012, Petitioner filed a motion for copy of transcripts and a request that
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the docketing fees be waived. These motions must also be denied as moot for the same reasons,

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to wit, the District Court granted Petitioner in forma pauperis status on August 14, 2012, and the

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Ninth Circuit dismissed the appeal on March 17, 2017.

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ORDER

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Accordingly, the Court ORDERS:

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1) Petitioner’s motion for certificate of appealability is DENIED as moot; and

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2) Petitioner’s motions for copy of transcripts and to waive appeal fees are DENIED as

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moot.

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IT IS SO ORDERED.
Dated:

March 21, 2017

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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