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)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ROY LEE HOUSTON,

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Petitioner,

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No. 2:13-cv-2306 JAM GGH P

v.

ORDER

F. FOULK,

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Respondent.

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Petitioner has requested an extension of time to file a motion for certificate of

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appealability. Petitioner is advised that this court previously determined that a certificate of

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appealability shall not be issued. Order, filed September 2, 2014. Therefore, the request will be

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denied as moot. Petitioner is advised to seek a certificate of appealability with the Ninth Circuit

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Court of Appeals after he has filed a notice of appeal, which has not been filed, according to this

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court’s docket.1
To the extent petitioner’s filing can be construed as a request for extension of time in

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which to file a notice of appeal, it will be granted. See F.R.App.4(a)(5)(A). Petitioner may file a

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notice of appeal within thirty days of October 2, 2014, when the time for filing a notice of appeal

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expired.

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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.
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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

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extension of time in which to file a notice of appeal, and is granted. Petitioner shall file a notice

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of appeal before November 3, 2014.

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Dated: October 22, 2014

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/s/ Gregory G. Hollows

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UNITED STATES MAGISTRATE JUDGE

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