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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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 FOR THE EASTERN DISTRICT OF CALIFORNIA 7 8 WILLIAM ALEXANDER BOYD, 9 10 11 No. 2:12-cv-0372 JAM GGH P Petitioner, v. ORDER W. KNIPP, 12 Respondent. 13 14 This petition for writ of habeas corpus was denied on November 6, 2013 and judgment 15 entered accordingly. At that time, the district court declined to issue a certificate of appealability. 16 Petitioner then filed a notice of appeal on December 5, 2013, and that appeal has been processed 17 to the Ninth Circuit Court of Appeals. Petitioner’s filing, entitled application for certificate of 18 appealability, filed on January 10, 2014, is construed as a motion for reconsideration of that 19 portion of the order. Because this case is now on appeal, this court will not rule on petitioner’s 20 request unless and until the Ninth Circuit Court of Appeals issues such a directive. 21 Accordingly, IT IS ORDERED that petitioner’s application for reconsideration of the 22 denial of the certificate of appealability, filed January 10, 2014 (ECF No. 45), is denied without 23 prejudice. 24 Dated: January 16, 2014 25 /s/ Gregory G. Hollows 26 UNITED STATES MAGISTRATE JUDGE 27 GGH:076/Boyd0372.158.ggh 28 1

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