Houston v. Foulk

Filing 24

ORDER signed by Magistrate Judge Gregory G. Hollows on 10/22/2014 DENYING as moot 23 Motion for Extension of time to file Certificate of appealability. Petitioner's 10/3/2014 filing is CONSTRUED as a Request for Extension of Time to file a Notice of Appeal, and is GRANTED. Petitioner shall file a notice of appeal before 11/3/2014. (Donati, J)

Download PDF
1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 ROY LEE HOUSTON, 11 Petitioner, 12 13 No. 2:13-cv-2306 JAM GGH P v. ORDER F. FOULK, 14 Respondent. 15 16 Petitioner has requested an extension of time to file a motion for certificate of 17 appealability. Petitioner is advised that this court previously determined that a certificate of 18 appealability shall not be issued. Order, filed September 2, 2014. Therefore, the request will be 19 denied as moot. Petitioner is advised to seek a certificate of appealability with the Ninth Circuit 20 Court of Appeals after he has filed a notice of appeal, which has not been filed, according to this 21 court’s docket.1 To the extent petitioner’s filing can be construed as a request for extension of time in 22 23 which to file a notice of appeal, it will be granted. See F.R.App.4(a)(5)(A). Petitioner may file a 24 notice of appeal within thirty days of October 2, 2014, when the time for filing a notice of appeal 25 expired. 26 27 28 1 Petitioner is correct in stating that he filed a notice of appeal which was construed as objections. (ECF Nos. 19, 20.) Petitioner is informed that a notice of appeal is not effective until judgment has been entered. 1 1 2 3 4 Good cause appearing, IT IS HEREBY ORDERED that: 1. Petitioner’s request for an extension of time to file a certificate of appealability (ECF No. 23) is denied as moot; and 2. Petitioner’s filing of October 3, 2014 (ECF No. 23), is construed as a request for 5 extension of time in which to file a notice of appeal, and is granted. Petitioner shall file a notice 6 of appeal before November 3, 2014. 7 8 Dated: October 22, 2014 9 /s/ Gregory G. Hollows 10 UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?