Pinedo v. Piler
ORDER DENYING Petitioner's 24 Motion for Certificate of Appealability, signed by Chief Judge Lawrence J. O'Neill on 03/31/2017. (Martin-Gill, S)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
ORDER DENYING PETITIONER’S
MOTION FOR CERTIFICATE OF
Case No. 1:13-cv-01595-LJO-SAB-HC
(ECF No. 24)
Petitioner is a state prisoner who proceeded pro se with a petition for writ of habeas
corpus pursuant to 28 U.S.C. § 2254. On June 2, 2014, this Court dismissed the petition, declined
to issue a certificate of appealability, and entered judgment. (ECF Nos. 18, 19). Petitioner filed a
notice of appeal, and on February 18, 2015, the Ninth Circuit denied Petitioner’s request for a
certificate of appealability. (ECF Nos. 20, 23).
On March 29, 2017, Petitioner filed the instant motion for certificate of appealability.
(ECF No. 24). This Court previously declined to issue a certificate of appealability, and the
Ninth Circuit expressly denied Petitioner’s request for a certificate of appealability regarding the
dismissal of Petitioner’s federal habeas petition. See United States v. Jingles, 702 F.3d 494, 499
(9th Cir. 2012) (“Under the ‘law of the case’ doctrine, a court is ordinarily precluded from
reexamining an issue previously decided by the same court, or a higher court, in the same
case.”) (quoting Richardson v. United States, 841 F.2d 993, 996 (9th Cir. 1988)).
Accordingly, Petitioner’s motion for a certificate of appealability (ECF No. 24) is
24 IT IS SO ORDERED.
/s/ Lawrence J. O’Neill _____
March 31, 2017
UNITED STATES CHIEF DISTRICT JUDGE
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