Brown v. Warden

Filing 35

ORDER signed by Magistrate Judge Kendall J. Newman on 8/22/11 DENYING without prejudice 34 Motion for Certificate of Appealability. (Dillon, 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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BRYANT KEITH BROWN,

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Petitioner,

No. 2:10-cv-2040 MCE KJN P

Respondent.

ORDER

vs.
WARDEN,

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/

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Respondent’s motion to dismiss petitioner’s application for writ of habeas corpus

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was granted on March 9, 2011. Petitioner has now filed his third motion for certificate of

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appealability.

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Petitioner’s first motion for certificate of appealability was filed on December 20,

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2010. (Dkt. No. 17.) The district court declined to issue a certificate of appealability on March

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9, 2011. (Dkt. No. 19.) On May 16, 2011, petitioner filed a second motion, which the court

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construed as a request for reconsideration of the court’s March 9, 2011 order declining to issue a

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certificate. (Dkt. No. 28.) The court denied petitioner’s motion. (Dkt. No. 31.) On July 8,

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2011, petitioner filed a second notice of appeal, and a third motion for certificate of appealability.

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Petitioner’s July 8, 2011 motion for certificate of appealability, addressed to the

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district court, is duplicative. The district court declined to issue the certificate of appealability
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and ruled on petitioner’s motion to reconsider. Petitioner may not revisit this issue in the district

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court again. Petitioner may seek a certificate of appealability in the appellate court, but petitioner

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must file the motion in the Court of Appeals for the Ninth Circuit rather than in the district court.

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Petitioner is advised that judgment was entered on March 9, 2011, and this action

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is closed. Petitioner shall file no further documents in this closed case. Any further filings,

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however, will be disregarded and no orders will issue in response to any future filings.

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Accordingly, IT IS HEREBY ORDERED that petitioner’s July 8, 2011 motion for

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certificate of appealability (dkt. no. 34) is denied without prejudice.

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DATED: August 22, 2011

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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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brow2040.dup

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