Edwards v. Frauenheim

Filing 12

ORDER DENYING 10 Motion for Certificate of Appealability signed by District Judge Dale A. Drozd on 10/13/2017. (Sant Agata, 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 MATTHEW EDWARDS, 12 13 14 No. 1:17-cv-00904-DAD-JLT Petitioner, v. ORDER DENYING MOTION FOR CERTIFICATE OF APPEALABILITY SCOTT FRAUENHEIM, (Doc. No. 10) 15 Respondent. 16 17 On August 29, 2017, this court dismissed petitioner’s habeas petition filed pursuant to 28 18 U.S.C. § 2254 for failure to state a claim, and declined to issue a certificate of appealability. 19 (Doc. No. 7.) On September 25, 2017, petitioner filed with this court a motion requesting that the 20 Ninth Circuit Court of Appeals grant him a certificate of appealability. (Doc. No. 10.) Since the 21 motion is not directed to this court, it is denied without prejudice to petitioner re-filing a similar 22 request with the Ninth Circuit Court of Appeals. 23 IT IS SO ORDERED. 24 Dated: October 13, 2017 UNITED STATES DISTRICT JUDGE 25 26 27 28 1

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