Speight v. Davey

Filing 41

ORDER signed by District Judge Troy L. Nunley on 8/29/2017 DENYING 31 Petitioner's Motion for Certificate of Appealability. (Reader, L)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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KRISTOPHER DESHAWN SPEIGHT,

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No. 2:15-cv-00209-TLN-DB

Petitioner,

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v.

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DAVE DAVEY,

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ORDER

Respondent.

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Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of habeas

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corpus pursuant to 28 U.S.C. § 2254. On March 1, 2017, the Court adopted the magistrate

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judge’s findings and recommendations (ECF No. 23) to grant respondent’s motion to dismiss in

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part. Plaintiff then filed a notice of interlocutory appeal (ECF No. 28), which has now been

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dismissed by the Ninth Circuit Court of Appeals for lack of jurisdiction (ECF No 30). Petitioner

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then filed the instant motion for a certificate of appealability (ECF No. 31). This latter motion

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will be denied because a final order adverse to Petitioner has not been entered. See 28 U.S.C. §

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2253(c).

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Accordingly, IT IS HEREBY ORDERED that Petitioner’s motion for certificate of
appealability (ECF No. 31) is denied.

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Dated: August 29, 2017

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Troy L. Nunley
United States District Judge

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