Dowdy v. Curry

Filing 81

Order by Hon. William Alsup granting 80 Motion for Certificate of Appealability.(whalc3, COURT STAFF) (Filed on 3/6/2014)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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GREGORY L. DOWDY,

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For the Northern District of California

United States District Court

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Petitioner,

No. C 09-03144 WHA

Respondent.

ORDER RE MOTION FOR
CERTIFICATE OF
APPEALABILITY

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v.
BEN CURRY,
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Following the February 26 order denying his Rule 60 motion, petitioner moves for a

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certificate of appealability on the question of whether he is entitled to equitable tolling due to

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mental incompetence. Given that our court of appeals has previously granted petitioner a

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certificate of appealability on that same question, petitioner’s motion is GRANTED. Slack v.

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McDaniel, 529 U.S. 473, 478 (2000).

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IT IS SO ORDERED.

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Dated: March 6, 2014.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE