Mason v. Montgomery

Filing 37

ORDER signed by Senior Judge James K. Singleton on 10/02/17 ORDERING the Clerk to TRANSFER Mason's 34 Motion to the Ninth Circuit Court of Appeals (cc: USCA). (Benson, A.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
CHRISTOPHER MASON,
No. 2:15-cv-02176-JKS
Petitioner,
vs.

ORDER
[Re: Motion at Docket No. 34]

JOEL MARTINEZ, Warden, Sierra
Conservation Center,
Respondent.

This Court denied Christopher Mason, a California state prisoner proceeding pro se,
habeas relief and a certificate of appealability on August 21, 2017. Docket Nos. 29, 30. Mason
timely filed a notice of appeal with this Court dated September 18, 2017.1 Docket No. 31. At
Docket No. 34, Mason moves for an extension of time to file a notice of appeal and a request for
a certificate of appealability. The record indicates, however, that Mason has already filed a
notice of appeal. See Docket No. 31. Likewise, any relief sought with respect to his appeal,
including an extension of time to file a request for a certificate of appealability in the appellate
court, must be directed to the Ninth Circuit Court of Appeals.

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The Court is obligated to give Mason the benefit of the “mailbox rule” and
assume that he “filed” his petition on September 18, 2017, the date he signed it and presumably
turned it over to prison authorities. See Anthony v. Cambra, 236 F.3d 568, 574-75 (9th Cir.
2000) (citing Houston v. Lack, 487 U.S. 266, 275 (1988)).

IT IS THEREFORE ORDERED THAT the Clerk of Court is directed to transfer
Mason’s Motion at Docket No. 34 to the Ninth Circuit Court of Appeals.
Dated: October 2, 2017.
/s/James K. Singleton, Jr.
JAMES K. SINGLETON, JR.
Senior United States District Judge

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