Rood v. Swarthout

Filing 79

ORDER signed by Magistrate Judge Allison Claire on 7/24/2019 ORDERING if petitioner wishes to inform the district judge of his argument in support of a certificate of appealability, petitioner must address the matter in his objections to the findings and recommendations. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RICHARD VINCENT ROOD,

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No. 2:12-cv-1476 MCE AC P

Petitioner,
v.

ORDER

GARY SWARTHOUT,
Respondent.

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Petitioner requests clarification of the undersigned’s instructions to address, in his

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objections to the findings and recommendations, whether a certificate of appealability should

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issue in this case and, if so, why and to which issues. See ECF Nos. 75, 78. Petitioner does not

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believe he should be required to address the merits of a certificate of appealability unless his

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petition for writ of habeas corpus is denied. ECF No. 78. However, should the district judge

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adopt the undersigned’s recommendation that the petition be denied, the district judge will then

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also address whether a certificate of appealability should issue. Therefore, if petitioner wishes to

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inform the district judge of his argument in support of a certificate of appealability, petitioner

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must address the matter in his objections to the findings and recommendations.

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DATED: July 24, 2019

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