Pinedo v. Piler

Filing 25

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)

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1 UNITED STATES DISTRICT COURT 2 EASTERN DISTRICT OF CALIFORNIA 3 4 ADELAIDO PINEDO, 7 ORDER DENYING PETITIONER’S MOTION FOR CERTIFICATE OF APPEALABILITY Petitioner, 5 6 Case No. 1:13-cv-01595-LJO-SAB-HC v. CHERYL PLILER, (ECF No. 24) Respondent. 8 9 Petitioner is a state prisoner who proceeded pro se with a petition for writ of habeas 10 corpus pursuant to 28 U.S.C. § 2254. On June 2, 2014, this Court dismissed the petition, declined 11 to issue a certificate of appealability, and entered judgment. (ECF Nos. 18, 19). Petitioner filed a 12 notice of appeal, and on February 18, 2015, the Ninth Circuit denied Petitioner’s request for a 13 certificate of appealability. (ECF Nos. 20, 23). 14 On March 29, 2017, Petitioner filed the instant motion for certificate of appealability. 15 (ECF No. 24). This Court previously declined to issue a certificate of appealability, and the 16 17 18 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 19 reexamining an issue previously decided by the same court, or a higher court, in the same 20 21 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 22 DENIED. 23 24 IT IS SO ORDERED. 25 26 Dated: /s/ Lawrence J. O’Neill _____ March 31, 2017 UNITED STATES CHIEF DISTRICT JUDGE 27 28 1

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