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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 ERIK DANIEL RAMIREZ, 12 13 14 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, 15 (Doc. 2) Respondent. 16 17 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. 23 24 25 IT IS SO ORDERED. Dated: March 30, 2017 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE 26 27 28 1

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