Davis v. Lewis

Filing 34

ORDER signed by Senior Judge James K. Singleton on 3/26/2015. Clerk directed to transfer D'Andre Davis' 33 Motion for Certificate of Appealability to the 9th Circuit Court of Appeals. [cc: USCA - 9th Circuit] (Marciel, M)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
D’ANDRE DAVIS,
No. 2:13-cv-02570-JKS
Petitioner,
ORDER
[Re: Motion at Docket No. 33]

vs.
CLARK E. DUCART, Warden, Pelican
Bay State Prison,
Respondent.

This Court denied D’Andre Davis, a state prisoner proceeding pro se, habeas relief and a
certificate of appealability on January 5, 2015. Docket Nos. 26, 27. At Docket No. 29, the Court
granted Davis’ request for an extension of time to file a notice of appeal. Davis timely filed a
notice of appeal dated March 18, 2015. Docket No. 30. At Docket No. 33, Davis filed a request
for a certificate of appealability. Because this Court has already denied Davis a certificate of
appealability, it appears that Davis inadvertently filed his motion with this Court rather than the
Court of Appeals.
IT IS THEREFORE ORDERED THAT the Clerk of Court is directed to transfer
Davis’ Motion for a Certificate of Appealability at Docket No. 33 to the Ninth Circuit Court of
Appeals.
Dated: March 26, 2015.
/s/James K. Singleton, Jr.
JAMES K. SINGLETON, JR.
Senior United States District Judge

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