Hernandez v. Valenzuela

Filing 18

ORDER DENYING 5 Request for Certificate of Appealability as UNTIMELY signed by District Judge Lawrence J. O'Neill on 2/18/2014. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JOE RAMIREZ HERNANDEZ,

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Case No. 1:13-CV-01934-LJO-SMS HC

Petitioner,
ORDER DENYING REQUEST FOR
CERTIFICATE OF APPEALABILITY
AS UNTIMELY

v.
E. VALENZUELA,

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Warden.

(Doc. 5)

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Petitioner Joe Ramirez Hernandez is a state prisoner proceeding pro se and in forma pauperis

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with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. On January 9, 2014, the
Magistrate Judge filed findings and recommendations recommending that the District Court dismiss

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the petition as untimely. On February 12, 2014, Petitioner filed both objections to the findings and

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recommendations and a notice of interlocutory appeal.

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Pursuant to 28 U.S.C.A. § 2253 and F.R.A.P. 2253, the District Court may issue leave to
appeal a final order in a habeas proceeding. Because the District Court has not yet issued its order

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adopting or rejecting the Magistrate Judge's findings and recommendations, no final order has yet
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issued in this matter and the notice of interlocutory appeal is premature.
Accordingly, Petitioner's premature request for leave to file an interlocutory appeal is
DENIED.

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IT IS SO ORDERED.

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Dated:
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/s/ Lawrence J. O’Neill

February 18, 2014

UNITED STATES DISTRICT JUDGE

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