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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DAVID CARTER, 12 Petitioner, 13 v. 14 15 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. 16 ORDER DENYING MOTION FOR COPY OF TRANSCRIPT AS MOOT [Doc. No. 25] 17 18 On July 23, 2012, the District Court issued an order adopting the Findings and 19 20 Recommendations and dismissing the case. In addition, the Court declined to issue a certificate 21 of appealability. On August 13, 2012, Petitioner filed a notice of appeal and the appeal was 22 processed to the Ninth Circuit Court of Appeals. Petitioner also filed motions to proceed in forma 23 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 24 25 must be denied as moot. First, the District Court already declined to issue a certificate of 26 appealability on July 23, 2012. Second, the Ninth Circuit dismissed the appeal on March 17, 27 2017. 28 On September 19, 2012, Petitioner filed a motion for copy of transcripts and a request that 1 1 the docketing fees be waived. These motions must also be denied as moot for the same reasons, 2 to wit, the District Court granted Petitioner in forma pauperis status on August 14, 2012, and the 3 Ninth Circuit dismissed the appeal on March 17, 2017. 4 ORDER 5 Accordingly, the Court ORDERS: 6 1) Petitioner’s motion for certificate of appealability is DENIED as moot; and 7 2) Petitioner’s motions for copy of transcripts and to waive appeal fees are DENIED as 8 moot. 9 10 11 IT IS SO ORDERED. Dated: March 21, 2017 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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