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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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MATTHEW EDWARDS,

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No. 1:17-cv-00904-DAD-JLT

Petitioner,
v.

ORDER DENYING MOTION FOR
CERTIFICATE OF APPEALABILITY

SCOTT FRAUENHEIM,
(Doc. No. 10)

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Respondent.

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On August 29, 2017, this court dismissed petitioner’s habeas petition filed pursuant to 28

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U.S.C. § 2254 for failure to state a claim, and declined to issue a certificate of appealability.

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(Doc. No. 7.) On September 25, 2017, petitioner filed with this court a motion requesting that the

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Ninth Circuit Court of Appeals grant him a certificate of appealability. (Doc. No. 10.) Since the

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motion is not directed to this court, it is denied without prejudice to petitioner re-filing a similar

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request with the Ninth Circuit Court of Appeals.

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IT IS SO ORDERED.

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Dated:

October 13, 2017
UNITED STATES DISTRICT JUDGE

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