Davidson v. Miller

Filing 41

ORDER DENYING 38 Motion for Certificate of Appealability ; Clerk to Transmit ECF No. 38 to Ninth Circuit Court of Appeals, signed by District Judge Anthony W. Ishii on 09/18/17. (Martin-Gill, S)

1
2
3
4
5
6

UNITED STATES DISTRICT COURT

7

EASTERN DISTRICT OF CALIFORNIA

8
9

TOMMY DAVIDSON,
Petitioner,

10
11
12
13

Case No. 1:14-cv-00745-AWI-MJS (HC)
ORDER DENYING MOTION FOR
CERTIFICATE OF APPEALABILITY

v.
RAYMOND MADDEN, Warden,

CLERK TO TRANSMIT ECF NO. 38 TO
NINTH CIRCUIT COURT OF APPEALS

Respondent.
(ECF NO. 38)

14
15
16
17

Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas

18

corpus pursuant to 28 U.S.C. § 2254. On June 8, 2017, the Court denied the petition and

19

declined to issue a certificate of appealability. (ECF No. 35.)

20

On June 20, 2017, Petitioner filed a notice of appeal and a motion requesting a

21

certificate of appealability. (ECF Nos. 37 and 38.)

22

appealability is ambiguous because it lists the court as “United States District Court,

23

Ninth Circuit of Appeals Court.” Doc. No. 38. However, the motion is entitled “Motion

24

For Certificate Of Appealability Following Denial of COA Request By District Court.” The

25

motion also states that it is direct to “Panel Assigned To Consider Whether Or Not To

26

Issue Certificate Of Appealability.” Id.

27
28

The motion for a certification of

1

As this Court has already declined to issue a certificate of appealability,1 and

2

considering the above quoted language, Petitioner misfiled his motion with this Court.

3

Because Petitioner is attempting to obtain a certificate of appealability from the Ninth

4

Circuit, the Court will direct the Clerk to forward Petitioner’s motion to the Ninth Circuit.

5
6

ORDER

7

Accordingly, because Petitioner seeks a certificate of appealability from the Ninth

8

Circuit Court of Appeals, the Clerk of Court is HEREBY DIRECTED to transmit

9

Petitioner’s motion for a certificate of appealability (Doc. No. 38) to the Ninth Circuit

10

Court of Appeals.

11
12
13

IT IS SO ORDERED.
Dated: September 18, 2017
SENIOR DISTRICT JUDGE

14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

1

The Court’s June 8, 2017 Order, including the decision to decline to issue a certificate of appealability,
remains in full effect.

2