J-Weial v. Lizarraga

Filing 41

ORDER DENYING 40 Motion for Certificate of Appeal as Untimely, signed by Magistrate Judge Sheila K. Oberto on 11/14/16. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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XAVIER LUMAR J’WEIAL,

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Petitioner,

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v.

No. 1:16-cv-00044-AWI-SKO HC
ORDER DENYING MOTION
FOR CERTIFICATE OF APPEAL
AS UNTIMELY

JOE LIZARRAGA, Warden,

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Respondent.

(Doc. 40)

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Petitioner Xavier Lumar J’Weial, a state prisoner proceeding with a petition for writ of
habeas corpus pursuant to 28 U.S.C. § 2254, moves for a certificate of appealability. A party
may appeal a judgment in a civil matter within 30 days after the entry of the judgment or order

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appealed from. F.R.App.P. 4(a)(1). Because final judgment has not been entered in the above16
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captioned case, the motion for a certificate of appeal is untimely.
The Court further notes that, as a matter of practice in this Court, the question of issuance

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of a certificate of appealability is typically addressed within the opinion or order adopting

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findings and recommendations.

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The motion for certificate of appeal is hereby DENIED.

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IT IS SO ORDERED.
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Dated:

November 14, 2016

/s/

Sheila K. Oberto

UNITED STATES MAGISTRATE JUDGE

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