Alexander v. Swarthout

Filing 25

ORDER signed by Senior Judge James K. Singleton on 9/30/2015 DIRECTING the Clerk of Court to transfer 23 Motion for Certificate of Appealability to the Ninth Circuit Court of Appeals. (Michel, G.)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA DARRYL KEITH ALEXANDER, No. 2:14-cv-00644-JKS Petitioner, ORDER [Re: Motion at Docket No. 23] vs. ERIC ARNOLD, Warden, California State Prison, Solano, Respondent. This Court denied Darryl Keith Alexander, a California state prisoner proceeding pro se, habeas relief and a certificate of appealability on September 15, 2015. Docket Nos. 20, 21. Alexander timely filed a notice of appeal with this Court dated September 22, 2015. Docket No. 22. At Docket No. 23, Alexander filed a request for a certificate of appealability. Because this Court has already denied Alexander a certificate of appealability, it appears that Alexander 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 Alexander’s Motion for a Certificate of Appealability at Docket No. 23 to the Ninth Circuit Court of Appeals. Dated: September 30, 2015. /s/James K. Singleton, Jr. JAMES K. SINGLETON, JR. Senior United States District Judge -1-

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