Mitchell v. Hedgeph

Filing 33

ORDER signed by Magistrate Judge Craig M. Kellison on 04/11/12 denying 32 Motion for Reconsideration because this court does not have jurisdiction to reconsider an order issued by the Ninth Circuit. (Plummer, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CARL D. MITCHELL,

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No. CIV S-09-0269-MCE-CMK-P

Petitioner,

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vs.

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A. HEDGEPETH,

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ORDER

Respondent.

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Petitioner, a state prisoner proceeding pro se, brought this petition for a writ of

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habeas corpus pursuant to 28 U.S.C. § 2254. Final judgment was entered on February 7, 2011.

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Plaintiff filed a notice of appeal on April 18, 2011. The Ninth Circuit Court of Appeals issued

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on order on May 19, 2011, denying a certificate of appealability because petitioner’s notice of

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appeal was untimely. Petitioner now seeks in this court reconsideration of the Ninth Circuit’s

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May 19, 2011, order (Doc. 32). The motion is denied because this court does not have

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jurisdiction to reconsider an order issued by the Ninth Circuit.

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IT IS SO ORDERED.

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DATED: April 11, 2012
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CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE

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