Sermeno v. Kernan et al

Filing 9

ORDER signed by Magistrate Judge Allison Claire on 10/02/17 ORDERING the motion for evidentiary hearing 6 is construed as a notice of appeal. The clerk of court is directed to update the docket and process the notice of appeal accordingly. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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LARRY ALTAMIRANO SERMENO,

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No. 2:17-cv-1418 GEB AC P

Petitioner,
v.

ORDER

SCOTT KERNAN, et al.,
Respondents.

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This petition for writ of habeas corpus was dismissed on September 8, 2017. ECF Nos. 4,

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5. Petitioner has now filed a motion for an evidentiary hearing that he has captioned for the Ninth

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Circuit Court of Appeals. ECF No. 6. It appears that petitioner is attempting to appeal the

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September 8, 2017 judgment. The motion for an evidentiary hearing will therefore be construed

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as a notice of appeal and processed accordingly.

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IT IS HEREBY ORDERED that the motion for an evidentiary hearing (ECF No. 6) is

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construed as a notice of appeal. The Clerk of the Court is directed to update the docket and

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process the notice of appeal accordingly.

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DATED: October 2, 2017

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