Moore v. Evans

Filing 23

ORDER signed by Magistrate Judge John F. Moulds on 5/2/2011 ORDERING that ptnr's 20 motion for a notice of appeal nunc pro tunc is DENIED as unnecessary; and the clerk to fwd a copy of this letter to the Ninth Circuit. (cc: Ninth Circuit) (Yin, K)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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TRUITT MOORE,
Petitioner,

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vs.
MIKE EVANS, Warden,
Respondent.

ORDER
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No. 2:09-cv-2737 JFM (HC)

On October 22, 2010, the court issued an order denying petitioner’s petition for

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writ of habeas corpus and granting a certificate of appealability as to one of petitioner’s two

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claims. Judgment was entered accordingly. On November 12, 2010, petitioner filed a motion

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for expansion of the limited certificate of appealability. This motion was denied on January 4,

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2011. On January 19, 2011, petitioner filed a motion for a notice of appeal nunc pro tunc from

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the date that the undersigned granted the certificate of appealability. Also on January 19, 2011,

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petitioner filed a notice of appeal.

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Examination of the appellate docket in this case through PACER reveals that a

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notice of appeal was filed on November 19, 2010 and that a briefing schedule was issued on

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December 14, 2010. See Ninth Circuit Court of Appeals, Case No. 10-17813. On January 20,

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2011, the appellate court received an amended notice of appeal from the clerk of this court.

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Petitioner was subsequently appointed counsel on appeal. As of March 28, 2011, that attorney

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has appeared and is proceeding before the Ninth Circuit Court of Appeals.
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Accordingly, IT IS HEREBY ORDERED that:

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1. Petitioner’s motion for a notice of appeal nunc pro tunc is denied as

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unnecessary; and

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2. The Clerk of the Court is directed to forward a copy of this letter to the Clerk

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of the Court for the Ninth Circuit Court of Appeals.

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DATED: May 2, 2011.

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/014;moot2737.noa

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