Boyd v. Knipp

Filing 46

ORDER signed by Magistrate Judge Gregory G. Hollows on 1/16/2014 ORDERING that petitioner's 45 application for reconsideration of the denial of the certificate of appealability is DENIED without prejudice. (cc: Ninth Circuit) (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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WILLIAM ALEXANDER BOYD,

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No. 2:12-cv-0372 JAM GGH P

Petitioner,
v.

ORDER

W. KNIPP,

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Respondent.

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This petition for writ of habeas corpus was denied on November 6, 2013 and judgment

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entered accordingly. At that time, the district court declined to issue a certificate of appealability.

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Petitioner then filed a notice of appeal on December 5, 2013, and that appeal has been processed

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to the Ninth Circuit Court of Appeals. Petitioner’s filing, entitled application for certificate of

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appealability, filed on January 10, 2014, is construed as a motion for reconsideration of that

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portion of the order. Because this case is now on appeal, this court will not rule on petitioner’s

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request unless and until the Ninth Circuit Court of Appeals issues such a directive.

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Accordingly, IT IS ORDERED that petitioner’s application for reconsideration of the

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denial of the certificate of appealability, filed January 10, 2014 (ECF No. 45), is denied without

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prejudice.

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Dated: January 16, 2014

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/s/ Gregory G. Hollows

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UNITED STATES MAGISTRATE JUDGE

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GGH:076/Boyd0372.158.ggh

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