Patrick Jones v. Warden of USP Atwater

Filing 27

ORDER DENYING AS MOOT 26 Motion to Amend Notice of Appeal signed by District Judge Anthony W. Ishii on 4/7/2016. (Sant Agata, S)

1
2
3
4
5
6
7

UNITED STATES DISTRICT COURT

8

EASTERN DISTRICT OF CALIFORNIA

9
PATRICK JONES,

10

Case No. 1:15-cv-01020-AWI-SAB-HC

Petitioner,

11

ORDER DENYING AS MOOT MOTION TO
AMEND NOTICE OF APPEAL

v.

12

(ECF No. 26)
WARDEN of USP ATWATER,

13

Respondent.

14
15

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

16

17 pursuant to 28 U.S.C. § 2241. On September 30, 2015, the Court adopted the Magistrate Judge’s
18 findings and recommendation and dismissed the petition. (ECF No. 16). On January 21, 2016,
19 the Court denied Petitioner’s motion for reconsideration. (ECF No. 19).
On March 18, 2016, the Court received Petitioner’s motion seeking authorization to

20

21 proceed in forma pauperis on appeal. (ECF No. 20). As the Court had previously permitted
22 Petitioner to proceed in forma pauperis in this matter, Petitioner did not require further
23 authorization and the Court construed the motion as a notice of appeal. (ECF No. 21). On March
24 23, 2016, the appeal was processed to the Ninth Circuit Court of Appeals. (ECF No. 23).
On March 31, 2016, the Court received the instant motion wherein Petitioner seeks leave

25

1
26 to amend the notice of appeal he previously submitted in order to list the correct case number.

27
1

In addition to the motion to appeal in forma pauperis, Petitioner submitted a separate notice of appeal, which the

28 Court returned to Petitioner without docketing because it listed an incorrect case number. (ECF No. 26 at 4–6).
1

1 (ECF No. 26). The Court finds the instant motion to be moot. The Court previously construed
2 Petitioner’s motion to appeal in forma pauperis, which listed the correct case number, as a notice
3 of appeal and processed the appeal to the Ninth Circuit.
4

Accordingly, IT IS HEREBY ORDERED that Petitioner’s motion to amend the notice of

5 appeal (ECF No. 26) is DENIED as moot.
6
7
8

IT IS SO ORDERED.

9 Dated: April 7, 2016

SENIOR DISTRICT JUDGE

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

2