Ramirez v. Department of Corrections and Rehabilitation

Filing 17

ORDER Denying 2 Motion for Issuance of Certificate of Appealability as Premature, signed by Magistrate Judge Jennifer L. Thurston on 3/30/17. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ERIK DANIEL RAMIREZ,

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Case No. 1:17-cv-00029-LJO-JLT-HC

Petitioner,

ORDER DENYING REQUEST FOR
ISSUANCE OF CERTIFICATE OF
APPEALABILITY AS PREMATURE

v.
S. FRAUENHEIM, Warden,

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(Doc. 2)

Respondent.

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On January 9, 2017, Petitioner filed a petition for writ of habeas corpus in this Court.

18 Along with the petition, he filed a motion for certificate of appealability pursuant to 28 U.S.C. §
19 2253 and Fed. R. App. Proc. 22. Petitioner is advised that a certificate of appealability has no
20 application and serves no purpose at the commencement of a federal habeas case. Rather, a
21 certificate of appealability only becomes an issue after a final order is issued in his case.
22 Accordingly, Petitioner’s second motion is DENIED as premature.
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IT IS SO ORDERED.
Dated:

March 30, 2017

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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