Jackson v. Hedepeth

Filing 38

ORDER signed by District Judge Troy L. Nunley on 11/25/14: Petitioner's Motion for Certificate of Appealability is DENIED as MOOT 30 . (Kaminski, H)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ISSIAH W. JACKSON,

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No. 2:12-cv-00691-TLN-CKD

Petitioner,
v.

ORDER

ANTHONY HEDGPETH,

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Respondent.

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On June 2, 2014, this Court adopted the Magistrate Judge’s Findings and

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Recommendations (ECF No. 28) in full, denying Petitioner’s application for a writ of habeas

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corpus and declining to issue a certificate of appealability (“COA”) on all issues under 28 U.S.C.

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§ 2253. (ECF No. 30.) On November 10, 2014, Petitioner filed a Motion for Certificate of

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Appealability (ECF No. 32), as well as a Notice of Appeal to the Court of Appeals (ECF No. 33).

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Under Ninth Circuit Federal Rule of Appellate Procedure 22-1(d), “[i]f the district court denies a

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COA as to all issues, petitioner may file a motion for a COA in the court of appeals…. [i]f

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petitioner does not file a COA motion … the court of appeals will deem the notice of appeal to

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constitute a motion for a COA.” Because Petitioner filed an appeal with the Ninth Circuit Court

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of Appeals on November 10, 2014, his appeal is considered a motion for a COA with the Court of

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Appeals and his motion before this Court is therefore moot. For these reasons, Petitioner’s

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Motion for Certificate of Appealability is DENIED as MOOT. (ECF No. 30.)

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IT IS ORDERED.

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Dated: November 25, 2014

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Troy L. Nunley
United States District Judge

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