Brooks v. Soto et al

Filing 27

ORDER Denying Petitioner's Motion For Certificate Of Appealability As Moot (ECF No. 22 ), signed by District Judge Lawrence J. O'Neill on 3/12/2015. (Fahrney, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JONQUEL BROOKS,

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Petitioner,

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v.

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J. SOTO,

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Case No. 1:13-cv-01683-LJO-SAB (HC)
ORDER DENYING PETITIONER’S MOTION
FOR CERTIFICATE OF APPEALABILITY AS
MOOT
(ECF No. 22)

Respondent.

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On February 5, 2015, the Court adopted the Findings and Recommendation and denied the

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instant petition for writ of habeas corpus filed pursuant to 28 U.S.C. § 2254. (ECF No. 19). On

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that same date, judgment was entered in accordance with the order denying the petition. (ECF

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No. 20). On December 31, 2014, Petitioner filed a motion for a certificate of appealability. (ECF

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No. 18). In the February 5, 2015, order denying the petition, the Court also denied Petitioner’s

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motion for a certificate of appealability. (ECF No. 19).

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On March 9, 2015, Petitioner filed a motion for certificate of appealability, along with a

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notice of appeal and a motion to proceed without prepayment of filing fees. (ECF Nos. 21, 22, &

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23). In the February 5, 2015, order denying the petition, the Court found that “reasonable jurists

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would not find the Court’s determination that Petitioner is not entitled to federal habeas corpus

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relief debatable, wrong, or deserving of encouragement to proceed further” and that Petitioner had

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“not made the required substantial showing of the denial of a constitutional right” to justify the
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issuance of a certificate of appealability. (ECF No. 19 at 3).

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In light of the fact the Court denied Petitioner’s motion for a certificate of appealability in

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the final order dated February 5, 2015, Petitioner’s subsequent motion for a certificate of

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appealability is DENIED as MOOT.

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SO ORDERED
Dated: March 12, 2015

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/s/ Lawrence J. O’Neill
United States District Judge

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