Herrera v. Montgomery

Filing 31

ORDER denying 30 Motion for Certificate of Appealability signed by Chief Judge Lawrence J. O'Neill on 4/11/2017. (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JOSE A. HERRERA,

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Petitioner,
v.
W. L. MONTGOMERY, Warden,

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No. 1:16-cv-01112-LJO-JLT (HC)
ORDER DENYING MOTION TO ISSUE
CERTIFICATE OF APPEALABILITY AS
MOOT
[Doc. No. 30]

Respondent.

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On February 24, 2017, the Court issued an order granting Respondent’s motion to dismiss

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and dismissing the petition for writ of habeas corpus. In addition, the Court declined to issue a

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certificate of appealability. On March 30, 2017, Petitioner filed a notice of appeal and the appeal

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was processed to the Ninth Circuit Court of Appeals on April 3, 2017.

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On April 7, 2017, Petitioner filed a motion for certificate of appealability. Insofar as the

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Court has already declined to issue a certificate of appealability, the motion is moot.

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Accordingly, Petitioner’s motion for certificate of appealability is DENIED.

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IT IS SO ORDERED.
Dated:

/s/ Lawrence J. O’Neill _____

April 11, 2017

UNITED STATES CHIEF DISTRICT JUDGE

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