Bouie v. Fox

Filing 68

ORDER signed by District Judge Troy L. Nunley on 02/04/2022 DENYING 65 Motion for Certificate of Appealability. (Rodriguez, E)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

DIRK JAONG BOUIE, JR.,

12

No. 2:17-cv-02044-TLN-AC

Petitioner,

13
14

v.

15

ROBERT FOX,

16

ORDER

Respondent,

17
18
19
20
21
22

On September 12, 2018, the magistrate judge issued Findings and Recommendations

23

granting respondent’s motion to dismiss, (ECF No. 34), which this Court adopted on December

24

20, 2018 (ECF No. 40). Judgment was accordingly entered, and this case was closed. (ECF No.

25

41.) On January 4, 2019, Petitioner filed a Notice of Appeal requesting a certificate of

26

appealability, (ECF No. 42), which the Ninth Circuit denied on February 12, 2020, stating: “[t]he

27

request for a certificate of appealability is denied because appellant has not shown that ‘jurists of

28
1

1

reason would find it debatable whether the petition states a valid claim of the denial of a

2

constitutional right and that jurists would find it debatable whether the district court was correct

3

in its procedural ruling.’” (ECF No. 49 (quoting Slack v. McDaniel, 529 U.S. 473, 484 (2000).)

4

Petitioner then filed a Motion for Relief from Judgement, (ECF No. 40), which this Court

5

denied (ECF No. 55). On June 1, 2021, Petitioner filed a Notice of Appeal. (ECF No. 56.) On

6

September 27, 2021, Petitioner filed a Motion for Certificate of Appealability, (ECF No. 65), and

7

on December 8, 2021, the Ninth Circuit remanded this action to this Court for the limited purpose

8

of granting or denying a Certificate of Appealability (ECF No. 67).

9

For the reasons set forth in the Ninth Circuit’s order in this action, (see ECF No. 49),

10

Petitioner’s Motion for Certificate of Appealability (ECF No. 65) is DENIED. Accordingly, this

11

Court DENIES a Certificate of Appealability. (See ECF No. 67.)

12
13

IT IS SO ORDERED.
DATED: February 4, 2022

14
15
16
17

Troy L. Nunley
United States District Judge

18
19
20
21
22
23
24
25
26
27
28
2