Green v. CDCR et al
ORDER signed by Magistrate Judge Allison Claire on 6/7/2017 DENYING 11 Motion for Certificate of Appealability. This case remains closed and the court will not respond to any filings in this case. (Henshaw, R)
UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
WARREN CLEVELAND GREEN,
No. 2:17-cv-0461 JAM AC P
CDCR, et al.,
By order and judgment filed May 8, 2017, this case was dismissed without prejudice
based on petitioner’s representation that he had intended to file his original document in this case
in his previously-filed case, Green v. Martel et al., Case No. 2:17-cv-0429 JAM EFB P. The
court directed the Clerk of Court to “file the opening document in this case, ECF No. 1, in Green
v. Martel et al., Case No. 2:17-cv-0429 JAM EFB P, with a notation that it was originally filed on
February 17, 2017, by application of the mailbox rule, and mistakenly designated as the
commencement of the instant case.” See ECF No. 8 at 2. This action was then closed.
Petitioner subsequently filed two additional documents. The first, ECF No. 10, asks
whether this action should have been closed by the district judge, rather than the undersigned
magistrate judge. The answer is no, because this case was improvidently opened and dismissed
without prejudice as an administrative matter. The original document in this case remains before
the court in petitioner’s previously-filed case.
The second document, ECF No. 11, asks for a certificate of appealability. This request is
denied because inapplicable to the circumstances of this case. A certificate of appealability may
issue only “if the applicant has made a substantial showing of the denial of a constitutional right.”
28 U.S.C. § 2253(c)(2). There has been no consideration or denial of petitioner’s constitutional
rights in this case; moreover, petitioner never filed a cognizable petition for writ of habeas corpus
under the instant case number.
Petitioner is informed that this court will not respond to any further documents filed in this
case. Petitioner may continue to file documents in Green v. Martel et al., Case No. 2:17-cv-0429
JAM EFB P, or any of his other active cases. Additionally, as petitioner notes, he may request
the legal advice of his appointed counsel in Green v. CDCR, Case No. 2:14-cv-2854 TLN AC P.
For these reasons, IT IS HEREBY ORDERED that:
1. Petitioner’s request for a certificate of appealability, ECF No. 11, is denied because
inapplicable to the circumstances of this case.
2. This case remains closed; the court will not respond to any filings in this case.
3. The Clerk of Court is directed to send petitioner, together with a copy of this order,
copies of the dockets in the instant case and in Green v. Martel et al., Case No. 2:17-cv-0429
JAM EFB P.
DATED: June 7, 2017
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