Richards v. Holland

Filing 31

ORDER DISMISSING 28 Motion for Certificate of Appealability, signed by Chief Judge Lawrence J. O'Neill on 12/4/17. (Martin-Gill, S)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JAMES DEMARCO RICHARDS, 12 Petitioner, 13 14 15 v. No. 1:16-cv-00139-LJO-JLT (HC) ORDER DISMISSING MOTION FOR CERTIFICATE OF APPEALABILITY [Doc. No. 28] KIM HOLLAND, 16 Respondent. 17 18 On March 15, 2017, the District Court issued an order denying the petition. The Court 19 also declined to issue a certificate of appealability. On April 18, 2017, Petitioner filed a notice of 20 appeal and the appeal was processed to the Ninth Circuit. On April 21, 2017, Petitioner filed a 21 motion for certificate of appealability. The Ninth Circuit denied the appeal on November 9, 2017. 22 23 Because this Court and the Ninth Circuit Court of Appeals have denied a certificate of appealability, Petitioner’s motion for certificate of appealability is hereby DISMISSED. 24 25 26 IT IS SO ORDERED. Dated: /s/ Lawrence J. O’Neill _____ December 4, 2017 UNITED STATES CHIEF DISTRICT JUDGE 27 28 1

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