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)

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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

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