Jones v. Kern Valley State Prison

Filing 65

ORDER signed by Magistrate Judge Gregory G. Hollows on 6/22/2018 ORDERING 62 Petitioner shall refile his Request for a Certificate of Appealability in the Court of Appeals as directed herein if he wishes to pursue it. (Reader, L)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ANTHONY JONES,

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Petitioner,

No. 2:14-cv-00486-JAM-GGH
ORDER

v.
KERN VALLEY STATE PRISON
Warden,
Respondent.
Petitioner, appearing pro se, filed a request for status report regarding his request to

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proceed in forma pauperis in the Ninth Circuit Court of Appeals on June 20, 2018. ECF No. 64.
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Having reviewed the docket, the court has found that judgment was entered in this case on

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December 20, 2017, ECF No. 61, but no notice of appeal is to be found on this court’s docket.

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Nonetheless, a Court of Appeals Case number, 18-16106, has been entered on the docket, ECF

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No. 63, and petitioner appears to have properly filed his request for Certificate of Appealability

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with that court on May 21, 2018; the copy of that document filed in this court contains a stamp

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indicating that the Court of Appeals received the motion on May 21, 2018. ECF No. 62.

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However, although the Request is addressed to the Court of Appeals, petitioner put no Appellate
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Court case number on the Request, instead using the case number in which his case had been
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addressed in this court, 2:14-cv-486-JAM-GGH. Petitioner is advised that he must direct his

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Request directly to the Court of Appeals under its case number – 18-16106 – for further handling.

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In light of the foregoing IT IS HEREBY ORDERED that:

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1.

This Order resolves ECF No. 62;

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Petitioner shall refile his Request for a Certificate of Appealability in the Court of

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Appeals as directed herein if he wishes to pursue it.
Dated: June 22, 2018
/s/ Gregory G. Hollows
UNITED STATES MAGISTRATE JUDGE

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