Orr v. Rackley

Filing 22

ORDER signed by Magistrate Judge Kendall J. Newman on 6/30/2016 ORDERING the Clerk to send petitioner's 17 motion to the Ninth Circuit and terminate the motion from the district court docket. (cc: Ninth Circuit, Case no. 16-16066)(Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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TAYLON JEROME ORR,

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No. 2:15-cv-1739 JAM KJN P

Petitioner,
v.

ORDER

RONALD RACKLEY,

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Respondent.

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Petitioner is a state prisoner, proceeding without counsel. On June 13, 2016, petitioner

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filed a motion for certificate of appealability. (ECF No. 17.) However, on May 23, 2016, the

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district court declined to issue a certificate of appealability. (ECF No. 15.) “If the court denies a

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certificate, the parties may not appeal the denial but may seek a certificate from the court of

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appeals under Federal Rule of Appellate Procedure 22.” Rule 11, 28 U.S.C. foll. § 2254.

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Here, petitioner’s motion was filed along with his notice of appeal. Therefore, IT IS

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HEREBY ORDERED that the Clerk of the Court is directed to send petitioner’s motion (ECF No.

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17) to the Ninth Circuit and terminate the motion from the district court docket.

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Dated: June 30, 2016

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/orr1739.coa.app

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