Worsley v. Gipson

Filing 15

ORDER DENYING AS MOOT 14 Petitioner's Motion for Issuance of a Certificate of Appealability signed by Magistrate Judge Jennifer L. Thurston on 2/9/2016. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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GERALD HAYDN WORSLEY,
Petitioner,

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v.

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CONNIE GIPSON, Warden,

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Respondents.

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Case No.: 1:14-cv-01323-JLT
ORDER DENYING AS MOOT PETITIONER’S
MOTION FOR ISSUANCE OF A CERTIFICATE
OF APPEALABILITY
(Doc. 14)

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On December 11, 2014, the Court dismissed the petition in this case as untimely, entered

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judgment, and closed the case. (Docs. 7; 8) In the order dismissing the petition, the Court expressly

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refused to issue of a certificate of appealability. (Doc. 7) Despite this, on July 1, 2015, Petitioner filed

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a motion for issuance of a certificate of appealability. (Doc. 14). Thus, the Court will DENY the

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motion as MOOT.
ORDER

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For the foregoing reasons, it is HEREBY ORDERED that Petitioner’s motion for issuance of a
certificate of appealability (Doc. 14), is DENIED as MOOT.

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IT IS SO ORDERED.
Dated:

February 9, 2016

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE