Green v. CDCR et al

Filing 12

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)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

WARREN CLEVELAND GREEN,

12
13
14
15

No. 2:17-cv-0461 JAM AC P

Petitioner,
v.

ORDER

CDCR, et al.,
Respondents.

16
17

By order and judgment filed May 8, 2017, this case was dismissed without prejudice

18

based on petitioner’s representation that he had intended to file his original document in this case

19

in his previously-filed case, Green v. Martel et al., Case No. 2:17-cv-0429 JAM EFB P. The

20

court directed the Clerk of Court to “file the opening document in this case, ECF No. 1, in Green

21

v. Martel et al., Case No. 2:17-cv-0429 JAM EFB P, with a notation that it was originally filed on

22

February 17, 2017, by application of the mailbox rule, and mistakenly designated as the

23

commencement of the instant case.” See ECF No. 8 at 2. This action was then closed.

24

Petitioner subsequently filed two additional documents. The first, ECF No. 10, asks

25

whether this action should have been closed by the district judge, rather than the undersigned

26

magistrate judge. The answer is no, because this case was improvidently opened and dismissed

27

without prejudice as an administrative matter. The original document in this case remains before

28

the court in petitioner’s previously-filed case.
1

1

The second document, ECF No. 11, asks for a certificate of appealability. This request is

2

denied because inapplicable to the circumstances of this case. A certificate of appealability may

3

issue only “if the applicant has made a substantial showing of the denial of a constitutional right.”

4

28 U.S.C. § 2253(c)(2). There has been no consideration or denial of petitioner’s constitutional

5

rights in this case; moreover, petitioner never filed a cognizable petition for writ of habeas corpus

6

under the instant case number.

7

Petitioner is informed that this court will not respond to any further documents filed in this

8

case. Petitioner may continue to file documents in Green v. Martel et al., Case No. 2:17-cv-0429

9

JAM EFB P, or any of his other active cases. Additionally, as petitioner notes, he may request

10

the legal advice of his appointed counsel in Green v. CDCR, Case No. 2:14-cv-2854 TLN AC P.

11

For these reasons, IT IS HEREBY ORDERED that:

12

1. Petitioner’s request for a certificate of appealability, ECF No. 11, is denied because

13

inapplicable to the circumstances of this case.

14

2. This case remains closed; the court will not respond to any filings in this case.

15

3. The Clerk of Court is directed to send petitioner, together with a copy of this order,

16

copies of the dockets in the instant case and in Green v. Martel et al., Case No. 2:17-cv-0429

17

JAM EFB P.

18
19

SO ORDERED.
DATED: June 7, 2017

20
21
22
23
24
25
26
27
28
2