Brown v. Miller
Filing
48
ORDER on 40 Motion for Issuance of Certificate of Appealability signed by District Judge Anthony W. Ishii on 6/26/2015. Court DECLINES to Issue a Certificate of Appealability. (Sant Agata, S)
1
2
3
4
5
6
7
8
IN THE UNITED STATES DISTRICT COURT
9
FOR THE EASTERN DISTRICT OF CALIFORNIA
10
11
KAREEM BROWN,
Case No. 1:12-cv-1787-AWI-MJS
12
Petitioner, ORDER ON MOTION FOR ISSUANCE
OF CERTIFICATE OF APPEALABILITY
13
v.
14
15
(Doc. 40)
AMY MILLER,
16
Respondent.
17
18
19
Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas
corpus under 28 U.S.C. § 2254.
20
On March 25, 2015, this Court adopted a Findings and Recommendation,
21
dismissed the petition, and declined to issue a certificate of appealabilty. (ECF No. 38.)
22
Judgment was entered the same day.
23
On April 23, 2015, Petitioner filed in this court a motion for a certificate of
24
appealabilty. (ECF No. 40.) The motion shows as an open and pending matter on this
25
Court’s docket.
26
directed to the Ninth Circuit. Id. To the extent that Petitioner is requesting a certificate of
27
appealability from this Court, the Court will deny that request for the reasons previously
However, the motion is not directed to this Court, but is expressly
28
1
1
2
stated in the order dismissing the petition.
See ECF No. 38; see also Miller-El v.
Cockrell, 123 S.Ct. 1029, 1039 (2003); Slack v. McDaniel, 529 U.S. 473, 484 (2000).
3
4
5
Accordingly, IT IS HEREBY ORDERED that the Court DECLINES to issue a
certificate of appealability.1
6
7
IT IS SO ORDERED.
8
Dated: June 26, 2015
SENIOR DISTRICT JUDGE
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
1
This order is not intended to have any effect on Petitioner’s efforts to obtain a certificate
of appealability from the Ninth Circuit Court of Appeals.
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?